Charles Capps, a minor v. San Jose Unified School District; Almaden Country School
Published: May 2, 1998 | Result Date: Nov. 14, 1997 | Filing Date: Jan. 1, 1900 |Case number: 725575 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Michael M. Shea
(Shea & Shea)
Michael M. Shea
(Shea & Shea)
Defendant
Robert G. Howie Jr.
(Howie & Smith LLP)
Experts
Plaintiff
Steven Johnson
(medical)
Erin D. Bigler
(medical)
Catherine Poppell
(medical)
Daniel W. Meub
(medical)
Calvin Wheeler
(medical)
Anthony Nespole
(medical)
James Dyer
(medical)
Ralph J. Kiernan
(medical)
John B. Sikorski
(medical)
Defendant
John Schaeffer
(medical)
Fernando Melendez
(medical)
Saul Wasserman
(medical)
David Scott
(Tyson & Mendes, LLP)
(medical)
Glenn S. Lipson
(medical)
Benjamin H. Venger
(medical)
Facts
On Oct. 1, 1991, the plaintiff, a 10-year-old student, was injured while on the playground of defendant Almaden Country School, a site lessee of defendant San Jose Unified School District. A ball kicked by another student struck a window glass assembly, and the lower slat of glass fell, striking the plaintiff in the head. Teachers testified that prior to the date of the incident, the school had meetings wherein it was discussed that the windows were loose and dangerous, and that efforts needed to be made to keep the children away from the windows. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º settlement demand for $500,000. The defendants made a C.C.P. º998 offer of compromise for $100,000.
Specials in Evidence
$54,231 $____________ $1.2 million to $1.6 million $6,500
Injuries
The plaintiff claimed he suffered a closed head injury and post concussion syndrome, affecting reading comprehension, concentration, vision and hearing. He also claimed residual loss of earning capacity. (The defendant's doctors testified that the extent of the plaintiff's claimed injury was not what would be expected from such a minor incident and that he did not suffer permanent brain injury.)
Other Information
The verdict was reached approximately five years after the case was filed. Multiple attempts at settlement failed to resolve the case. An arbitration in February 1994 resulted in an award of $67,500. POST TRIAL MOTIONS: Motions for a new trial or judgment notwithstanding the verdict are pending.
Deliberation
three hours
Poll
9-3 (negligence as to school), 10-2 (dangerous condition as to school district)
Length
six weeks
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