Facts

Justice Van Dyke and her guardians sued Turlock Unified School District and Dennis Earl Elementary School.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that on Oct. 20, 2010, Van Dyke, 6, was attending school at Dennis Earl. In the morning, another boy ran into her, knocking her to the ground. Van Dyke's head hit the ground, though no adults saw it happen. An office secretary looked at Van Dyke's injury then sent her to class. During class, she complained that she had a bad headache, and the school's health technician looked at her and instructed her to lay down with some ice to her head. After about two hours had passed, Van Dyke had a seizure, and needed to be airlifted to the University of California San Francisco Medical Center.

Van Dyke's grandparents, Tony and Kimberly Pascoal, sued the school district and the school. They claimed that the school had not done enough to supervise its students, leading to the accident and collision that had caused Van Dyke's injuries. At the time of the accident, only four adults had been watching over 700 children. They also claimed that the school district had not provided proper medical care to Van Dyke, resulting in her seizure.

DEFENDANT'S CONTENTIONS:
The school district claimed that they had acted reasonably, and that there was nothing they could have done to prevent the accident. They also claimed that they properly looked after Van Dyke after her accident.

Injuries

Van Dyke fractured her skull and sustained other traumatic brain injuries. As a result, she developed cognitive defects, affecting her memory and attention span.

Result

The parties settled for $6 million, that will be paid out to Van Dyke over 40 years in sums of $15,000 per month, plus lump sum payments at ages 25, 30, 35, and 40. Total lifetime payout estimated at $14,089,620.