H.C. v. Palos Verdes Peninsula Unified School District, et al.
Published: Jul. 10, 2020 | Result Date: Jul. 12, 2019 | Filing Date: Aug. 21, 2017 |Case number: BC673143 Settlement – $3,500,000
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Scott H. Carr
(Greene, Broillet & Wheeler LLP)
Taylor Rayfield
(Greene, Broillet & Wheeler LLP)
Defendant
Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)
for District
Neal S. Meyers
(Meyers Fozi, LLP)
for teacher
Experts
Plaintiff
Matthew J. Reiss M.D.
(plastic surgery)
Defendant
Brent R.W. Moelleken M.D.
(plastic surgery)
Deborah Cresswell Ph.D.
(psychology)
Facts
H.C., a Palos Verdes High School student suffered burns on her legs at a school-sponsored event. The incident occurred on May 20, 2017, during a three-day trip for a Solar Boat Competition held at Lake Skinner in Riverside County. While a group of participating students sat around a bonfire the night before the event, a chemistry teacher put hand sanitizer on his own hands and the hands of a high school boy sitting next to H.C. The teacher lit the sanitizer on the boy's hands on fire and then ignited the sanitizer on his own hands. The flames from the boy's hands dropped onto H.C.'s lap, causing second degree burns.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the teacher did nothing to aid plaintiff in putting out the fire. She was forced to roll around in the dirt and gravel to put out the flames on her legs. Plaintiff contended that the teacher denied knowing what school the student attended or what had happened to her.
Plaintiff contended that she spent weeks in the Intensive Care Unit, during which time the school district and the teacher attempted to cover up what happened, by convincing the high school boy sitting next to the plaintiff to take responsibility for what happened.
Plaintiff contended that the truth only came to light due to the courage of students and personnel from other school districts who produced a video which clearly showed that the teacher was the one solely responsible for the injuries suffered by plaintiff.
Plaintiff alleged claims for negligent supervision against the school district. Plaintiff alleged the teacher should have never performed the demonstration. Her counsel alleged that the teacher performed an unsafe demonstration in an unsafe environment and took no safety precautions.
DEFENDANT'S CONTENTIONS: Defendant school district claimed that it was not responsible as it was immune under the government code for field trip immunity.
Defendant teacher denied that nothing was done to come to the student's aid or cover up the events.
Insurer
Alliance of Schools for Cooperative Insurance Programs (ASCIP) for Palos Verdes Peninsula Unified School District
Injuries
Defendants disputed the extent of H.C.'s injuries and claimed that she received "concierge" care.
Result
The case settled for $3.5 million.
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