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Personal Injury (Non-Vehicular)
School Incident
Negligent Supervision

Shannon Shea, et al. v. San Juan Unified School District

Published: Mar. 13, 1999 | Result Date: Nov. 12, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 95AS05512 –  $0

Judge

Nancy Sweet

Court

Sacramento Superior


Attorneys

Plaintiff

Clayeo C. Arnold
(Clayeo C. Arnold APLC)


Defendant

Richard M. Jacobson
(Jacobson Markham LLP)


Experts

Plaintiff

Michael Cerruti
(medical)

Fred Brooks
(technical)

Facts

On Oct. 13, 1994, plaintiff Tiffany Shea fractured her femur when she was pushed on the playground by another second grader while playing a game of "chase." The school rules prohibited such a game. The plaintiff, through herself and other second graders, alleged that the chase had been proceeding for a long time, and that she was fearful for her safety. She testified that she was screaming at the boy chasing her to stop, and screaming for help from the noon duty supervisors. The two noon duty supervisors and principal of the school were on the playground observing children at the time of the incident. None of them saw any activity which appeared to be dangerous, nor did they hear plaintiff's alleged cries for help. The plaintiff alleged that she was tackled to the ground on eight separate occasions during the chase. She sustained her injury on the last occasion. The plaintiff brought this action against the defendant based on negligent supervision.

Settlement Discussions

The defendant made a C.C.P. º998 offer of compromise for $5,000.

Specials in Evidence

$36,249.65

Injuries

The plaintiff sustained fractured femur and closed reduction surgery.

Other Information

The verdict was reached approximately three years and one month after the case was filed.

Deliberation

two hours

Poll

12-0

Length

nine days


#80249

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