I.C., a minor by and through his Guardian ad Litem, Silvia Melendez v. Compton Unified School District, a public entity; Marco Godinez, and Does 1- 100 Inclusive
Published: Dec. 23, 2022 | Result Date: May 11, 2022 | Filing Date: Jun. 13, 2017 |Case number: BC665118 Verdict – Defense
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Rosa K. Hirji
(Law Offices of Hirji & Chau LLP)
Defendant
Terence J. Gallagher
(Olivarez Madruga Law Organization)
Facts
Plaintiff was injured when his teacher, Marco Godinez, broke up a fight in art class at Dominguez High School in the Compton Unified School District. Plaintiff and another student were "slap-boxing" before being verbally reprimanded. While physically intervening in the ensuing fist-fight, Godinez landed on Plaintiff, fracturing his leg.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the teacher was negligent when supervising his class and unreasonably allowed known dangerous slap-boxing activity to escalate into a fight. Plaintiff also contended that the school district negligently failed to adequately train teachers to handle fist-fights.
DEFENDANT'S CONTENTIONS: Defendants claimed that plaintiff engaged in unreasonable behavior by fighting another classmate. Godinez intervened, was struck by plaintiff, and lost his balance. As a result, Godinez fell onto plaintiff's leg and broke it.
Specials in Evidence
Meds: $50,000 Loe: $653,000 Future Loe: $658,000 Future Meds: $35,000
Damages
Plaintiff sought $738,000 in past and future economic damages, and $8,000,000 in past and future non-economic damages.
Injuries
Plaintiff suffered fractured tibia and fibula and related leg trauma. He also suffered post-traumatic stress disorder.
Result
The jury found in favor of defendants, concluding that Marco Godinez and Compton USD were not negligent. The jury allocated 50% responsibility each to plaintiff and the other student in the fight.
Other Information
Plaintiff underwent three surgeries.
Deliberation
2.5 hours
Poll
9-3
Length
22 days
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