Confidential
Settlement – $1,800,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Katherine B. Pene
(Briskin, Lang & Pene APC)
Experts
Plaintiff
Donna M. Barras
(medical)
Leonard N. Matheson M.D.
(technical)
Gerald Leanne George
(technical)
Joyce Elaine Pickersgill
(technical)
Defendant
George M. Brinton
(technical)
Abie Grossfeld
(technical)
Thomas L. Hedge Jr., M.D.
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Keith Henschen
(medical)
Facts
In October 1988, the decedent/plaintiff, a 17-year-old student, was a senior at a high school owned and operated by the defendant school district. Although this was off-season for the gymnastic team, its members practiced after school under the guidance of a former high school alumnus, who served as a volunteer to assist the students in learning gymnastics. The coach did not generally attend these practices and was not present on the evening when the incident occurred. Over the summer, the decedent/plaintiff was learning the "front catch" or "Jaeger Salto." The front catch is a difficult maneuver, rated as a "C" trick which would aid the individual gymnast in obtaining a high score for himself and for the team. In the front catch, a gymnast on a high bar would swing forward and at the top of the arc, let go of the bar and perform a somersault, then catch the bar on the way down. The plaintiffs' expert testified that the front catch was an extremely difficult maneuver well beyond the ability of the decedent/plaintiff and that, even if allowed to practice it, in teaching the front catch, it was standard practice to have the gymnast use a safety harness until he becomes proficient in the stunt. The volunteer "assistant coach" used his own method to teach the stunt to the plaintiff which consisted of having the plaintiff swing forward, turn the somersault, and intentionally miss the bar and fall flat on his stomach. During the gymnastics session when the incident occurred, the decedent/plaintiff attempted the front catch five times, without success and without being strapped into a safety harness. On the last attempt, one of the two spotters who had been used during the decedent/plaintiff's earlier attempt left to participate in strength training while the volunteer assistant coach stood in front of the bar, approximately 10 feet away, to watch the decedent/plaintiff attempt the maneuver. As the decedent/plaintiff swung upward and turned the somersault, he came down in a sitting position on the bar and fell forward. As he fell, the decedent/plaintiff tried to tuck his head in to avoid injury, but landed on his neck. The decedent/plaintiff was rendered a quadriplegic. The decedent/plaintiff brought this action against the school district based on negligence. The defendant school asserted the defenses of immunity of Government Code º831.7 (hazardous recreational activity), assumption of risk, contributory negligence and fault of others. At the first trial, the court instructed the jury on governmental immunity based on immunity for hazardous recreational acts and the jury found for the defendant on that issue. On a 2-1 decision, the Court of Appeal reversed, a rehearing was denied and the California Supreme Court denied a hearing. Accordingly, the case was sent back for retrial on the issues of contributory negligence and fault of others, the decedent/plaintiff having established negligence, causation and course and scope of employment in the first trial. While the case was on appeal, the decedent/plaintiff died. Therefore, the survival action was limited to seeking reimbursement for past hospital and medical expenses. Recovery for pain and suffering and future losses was barred. The decedent's parents and a child who allegedly was the decedent's daughter, also filed a suit for wrongful death.
Settlement Discussions
The plaintiff made a settlement demand for $20 million at the first trial. At retrial, the plaintiffs made a demand for $1.8 million.
Specials in Evidence
$__________ $__________
Injuries
The decedent/plaintiff alleged he was rendered quadriplegic in the first trial. The plaintiff heirs alleged that they were damaged for the death of a 17-year-old son and father.
Other Information
The settlement was reached approximately seven years and six months after the case was filed (during retrial of the matter after appeal).
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