Susana Batman, Michael Henderson, Joshua Torres v. David Perez, Yuma Union High School District
Published: Mar. 10, 2023 | Result Date: Nov. 16, 2021 | Filing Date: Mar. 4, 2020 |Case number: 3:20-cv-02298-JLS-RBM Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Patrick G. Shea
(Law Office of Patrick G. Shea APC)
Defendant
Scott J. Loeding
(Murchison & Cumming)
Ravi V. Patel
(Jones, Skelton & Hochuli PLC)
Georgia A. Staton
(Jones, Skelton & Hochuli PLC)
Cory E. Tyszka
(Jones, Skelton & Hochuli PLC)
Facts
David Perez worked as a school bus driver employed by the Yuma Union High School District. On September 5, 2020, Perez was involved in a vehicle collision with Susana Batman's vehicle. Michael Henderson and Joshua Temores were passengers in Batman's vehicle at the time of the accident. Batman, Henderson, and Temores subsequently filed suit against Yuma Union High School District on February 27, 2020.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended they were rear ended by a school bus owned by Yuma School District driven by Perez; that this collision occurred because Perez was negligent; that plaintiffs suffered injuries as a result of the collision; that Perez was an agent of the school district; and that the school district was liable for Perez's negligence.
DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing or liability and all the plaintiffs' material allegations. Moreover, defendants contended that the plaintiffs failed to comply with Arizona's notice statute for claims governing public entities or employees of public entities; and that plaintiffs failed to comply with California's notice statute.
Result
The court granted the defendants' motion to dismiss without prejudice, and the case was later dismissed with prejudice after plaintiffs failed to file an amended complaint.
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