Rufus Garvin, III by and through his GAL Angela Stewart v. Los Angeles Unified School District and Samuel Wong
Published: Jun. 14, 1997 | Result Date: Mar. 19, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC141541 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Lee R. Feldman
(Feldman Browne Olivares APC)
Defendant
Jay B. Lake
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Marilyn Rand
(technical)
Defendant
N. Paul Rosenthal
(medical)
Facts
In May 1995, plaintiff Rufus Garvin III, a 12-year-old student at Daniel Webster Middle School in Los Angeles, was instructed to leave his classroom seat and to sit in the hall for being disruptive, defiant and disobedient in class. As the plaintiff was leaving the classroom, the defendant teacher, Samuel Wong, slid a desk in the plaintiff's direction for the plaintiff to sit in. The plaintiff claimed the desk struck his right shin, injuring him. The plaintiff has Attention Deficit Disorder ("ADD") and had a history of being disruptive and defiant in class. There was conflicting evidence with respect to the date in which the incident occurred based on the police report and hospital records. The defendants claimed a police report stated that the incident occurred on May 11, 1995 and that there was no evidence of any injury. The plaintiff's medical records from Midway Hospital dated May 16, 1995 stated that the incident had occurred nine days before the date indicated in the police report and noted contusion and abrasion on the plaintiff's shin, but no laceration. The plaintiff brought this action against the school district and the teacher based on assault and battery and negligent supervision theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $65,000. The defendants made a settlement offer of a waiver of costs.
Specials in Evidence
$224.90 (physical injury); $2,206.90 (psychiatric therapy)
Injuries
The plaintiff claimed he sustained a cut and bleeding on his right shin, resulting in continued pain and discomfort and a one-inch scar on his leg.
Other Information
The verdict was reached approximately one year and four months after the case was filed. Per the defendants, following the plaintiff's case in chief, the plaintiff withdrew the cause of action for negligent supervision. A settlement conference was held on March 19, 1997 before Judge Schneider. It did not resolve the matter.
Deliberation
1½ hours
Poll
11-1
Length
4 days
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