Jason Moses, et al. v. Los Angeles Unified School District, Hector Du Bon
Published: Feb. 12, 1994 | Result Date: Jan. 26, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC054114 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Susan Balistocky
(Law Office of Susan Balistocky)
Defendant
Jay B. Lake
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Douglas N. MacInnis
(medical)
Nes Baleo
(technical)
Facts
On October 1, 1991, Plaintiff Jason Moses, an 11-year-old sixth grader at Budlong Elementary School (within the Defendant Los Angeles School District), was playing softball with his fellow students during the lunch recess period of a regular school day. Plaintiff was seated on a bench beyond the protection of the backstop awaiting his turn to bat when he was struck in the head with a baseball bat. The bat slipped out of the hands of another student who was batting at the plate. Defendant Hector Du Bon, the school principal, was umpiring the game and was located behind the catcher at the time of the incident.
Settlement Discussions
Defendant contends they offered $2,000 and Plaintiff demanded $35,000.
Specials in Evidence
$1,300 $6,500
Injuries
Three-inch laceration to the forehead above the right eye requiring three layers of sutures; residual 3-inch scar, numbness along the scar line, headaches, and possible future neurological damage; future scar revision surgery will be required.
Other Information
Defendant Hector Du Bon was dismissed prior to jury selection. A prior arbitration by Lawrence Drumm resulted in a Defendant award; trial de novo by Plaintiff.
Deliberation
2.5 hours
Poll
8-3 (both parties stipulated to 11 jurors)
Length
4 days
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