Carlos Cahuantzi Jr., in and through his Guardian Ad Litem, Carlos Cahuantzi Sr. v. Huntington Beach City School District, and Does 1 through 40, inclusive
Published: Mar. 26, 2016 | Result Date: Dec. 17, 2015 | Filing Date: Jan. 1, 1900 |Case number: 30-2014-00716201-CU-PO-CJC Verdict – $332,000
Court
Orange Superior
Attorneys
Plaintiff
Alexander H. Feldman
(Gharibian Law APC)
Lisa Trinh Flint
(Moran Law)
Defendant
Lisa J. Brown
(Wallace, Brown & Schwartz)
George M. Wallace
(Wallace Brown & Schwartz)
Facts
Carlos Cahuantzi Jr., in and through his Guardian Ad Litem, Carlos Cahuantzi Sr. sued the Huntington Beach City School District, for injuries sustained during PE class.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, a minor, attended Huntington Beach's Ethel Dwyer Middle School. On Dec. 20, 2013, the school hosted a combined capture the flag game consisting of 100 students. Plaintiff made contact with a sharp corner of a foundation that surrounded a metal electrical box. The collision with the foundation, which was made of concrete, caused injuries to plaintiff's left knee. As a result, plaintiff, through his father, sued the School District, for negligently allowing the game to proceed near this metal object, a dangerous condition of public property. The School District was also allegedly vicariously liable for the school personnel's negligent supervision of the game.
DEFENDANT'S CONTENTIONS:
Defendant denied any dangerous condition of public property. The box complained of was allegedly not located in the field where the game took place. Defendant also claimed that school personnel established the boundaries, which excluded the subject area. Defendant also disputed the extent of plaintiff's claimed injuries.
Settlement Discussions
Cahuantzi demanded $118,999 in settlement. The School District offered $15,000.
Damages
Cahuantzi requested $545,000 in non-economic damages.
Injuries
The injuries required several stitches to repair Cahuantzi's knee. Cahuantzi claimed he continued to experience pain and mobility issues. He also claimed he had issues jumping, running, making sudden changes in directions, and other issues. He was also limited in his ability to pay sports. Further, Cahuantzi claimed that the pain in his knee was so great sometimes that it forced him to sit out some physical activities. He also claimed that his little league coach stated that his decline in performance was the worse he had seen in 18 years of coaching.
Result
The jury found the School District 68 percent liable for Cahuantzi's injuries and Cahuantzi 32 percent at fault for his own injuries. It then awarded Cahuantzi $332,000 in damages. After the offset, Cahuantzi was set to recover $225,760.
Other Information
FILING DATE: April 11, 2014.
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