Allan Smith, et al. v. Atwater Elementary School District
Published: Dec. 31, 1993 | Result Date: Dec. 9, 1993 | Filing Date: Jan. 1, 1900 |Case number: 15009 – $225,000
Judge
Court
Merced Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James E. Sweetland
(medical)
Diana Hylton
(medical)
George Neavett
(medical)
Defendant
Douglas Crouther
(medical)
Meredith Woodward
(medical)
Facts
Plaintiff Allan Smith, a 10-year-old student, was acting as a catcher during his fifth grade physical education softball game. Plaintiff's teacher, Defendant Heather Shelton, in her first full year as a teacher, instructed Allan to wear a catcher's mask. Plaintiff refused, explaining that the mask was too large. The teacher insisted, and Plaintiff placed the mask on his face; later, the mask fell off. When Plaintiff bent down to pick up the mask, the batter, a 10-year-old girl, swung at a newly pitched ball. It was alleged that the bat struck Plaintiff in the back of the head.
Settlement Discussions
Plaintiff contends they made a 998 demand of $34,999 and Defendants made no offers.
Specials in Evidence
$25,000
Injuries
Head trauma resulting in 2 grand mal seizures requiring hospitalization and observation; temporary loss of some cognitive abilities, which later returned.
Other Information
A prior arbitration resulted in a Plaintiff's award of $37,500; trial de novo by Defendants.
Deliberation
6 hours
Poll
11-1
Length
6 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390