Confidential
Settlement – $5,000Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff attended a junior high school at defendant school district. In 1997, during a flag football game, plaintiff
allegedly suffered a forearm fracture when another student pushed and fell on him.
The plaintiff filed suit alleging assault and battery against the student, and asserting causes of action for
negligent hiring, training and failure to supervise against the school district and its instructors.
The defendant contended that the school was not liable for negligent hiring, training and
failure to supervise the football game. The instructors had more than 15 years of experience and
both were supervising the football games on the date of plaintiffÆs accident.
Settlement Discussions
The school district made a C.C.P. Section 998 offer of $5,000, accepted by plaintiff.
Damages
The plaintiff sought damages in excess of $25,000 for pain and suffering, emotional distress and lost income. He claimed he was unable to appear on a television show for pay.
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