Confidential

Facts

Ashley Crump, a seven-year-old student at Vinland Elementary School in Fresno, was a member of an after-school program held in the campus cafeteria. While Crump was playing ball with another student, she was injured when a table fell on her left hand. No witnesses were present when the table fell. The table was used primarily for serving lunch and had reportedly never fallen over before. Crump, through her guardian ad litem, sued the table's manufacturer, Midwest Folding Products, claiming the table was defective. Crump also sued Fresno Unified School District, claiming negligent supervision.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the children who participated in the program were unattended. The plaintiff's expert witness, James Flynn, an accident reconstructionist, testified that the table needed little force to fall over because it was top-heavy. As to the plaintiff's injuries, orthopedic surgeon Peter Witt testified that the plaintiff would regain 80 percent of her pre-injury abilities.

DEFENDANT'S CONTENTIONS:
The defendant contended that the program's director was present immediately after the table fell.

Injuries

The plaintiff's injuries consisted of multiple hand fractures, a volar and dorsal hematoma, soft-tissue lacerations, closed capsulotomy of four digits, tendonitis of two fingers and open capsulotomy of metacarpophalangeal joints. The plaintiff would require surgery. She had previously been diagnosed with an inherited disorder known as osteogenesis imperfecta.

Result

The parties settled for $200,000. Fresno Unified School District contributed $50,000 and Midwest Folding Products contributed $150,000.

Other Information

The case was mediated by John Nagel, Esq.