Ivan Johnson as guardian to Rachel Johnson, a minor v. Los Angeles Unified School District
Published: Mar. 18, 2006 | Result Date: Jun. 22, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC218483 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Alvin L. Pittman
(Law Office of Alvin L. Pittman)
Defendant
W. Keith Wyatt
(Ivie, McNeill, Wyatt, Purcell, Diggs, APLC)
Experts
Plaintiff
Shelton Plotkin
(technical)
Khaled Tawansy
(medical)
Defendant
Stephen C. Wexler
(technical)
Facts
In 1999, two-year-old Rachel Johnson attended a PTA function at Kentwood Elementary School with her father, Ivan Johnson. After exiting a restroom at the school, Rachel started running down an exterior walkway. After her father called out to her, Rachel turned around and lost her balance. Rachel fell and the left side of her face struck a hose faucet that was attached to the wall. Ivan Johnson sued the Los Angeles Unified School District on Rachel's behalf. The lawsuit accused the district of premises liability that resulted in Rachel sustaining an eye injury.
Settlement Discussions
The plaintiff's pretrial demand was $750,000. The defendant offered $40,000.
Specials in Evidence
$60,000 $150,000 for future surgeries.
Damages
The plaintiff, now seven years old, sought damages for emotional pain and suffering associated with the permanent loss of vision in her eye. The plaintiff's mother claimed that fear of injuring her other eye prevented the plaintiff from participating in activities. The plaintiff sought $20 million at trial.
Injuries
Although the plaintiff was initially treated only for a cut below her left eye on the day of the injury, she was later diagnosed with a torn optic nerve which caused loss of vision in her left eye. the plaintiff's ophthalmologist stated that the plaintiff would not regain the vision in her left eye. In addition, the plaintiff would require future surgeries for realignment because her left eye muscles would atrophy.
Result
The jury returned a defense verdict after finding that the faucet did not create a dangerous condition.
Deliberation
two hours
Poll
9-3
Length
two days
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