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Personal Injury
School Incident
Negligent Supervision

Andrew J. Reyes, a minor, by and through his Guardian ad Litem, Jackie Gong v. Bethel Community Church Inc.

Published: Aug. 13, 2005 | Result Date: Jul. 13, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 03CECG03210AMS Verdict –  $583,250

Judge

Donald S. Black

Court

Fresno Superior


Attorneys

Plaintiff

Richard C. Watters
(Miles, Sears & Eanni)

Karen L. Vander Meer


Defendant

Rhudolph Nolen Jr.
(Nolen Law Firm)


Experts

Plaintiff

Leyla Azmoun
(medical)

Teri Hendy
(technical)

Michelle R. Hoffman M.S.
(technical)

Steven Hysell
(medical)

H. Terry Hutchison
(medical)

Defendant

David Spease
(technical)

Facts

On Jan. 24, 2003, the minor plaintiff, 5, was a kindergarten student at Bethel Christian School, which was owned
by the defendant, Bethel Community Church Inc. He was playing on the playground equipment when he fell
from a height of approximately 54 inches and landed on the left side of his head. He sustained a left temporal
parietal skull fracture which led to a left middle meningeal artery bleed and an epidural hematoma. He had
emergency surgery at University Medical Center by a neurosurgeon that same afternoon. He had a craniotomy
with an evacuation of epidural hematoma. His hospital stay lasted three days and he went back to school 14
days later.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $250,000. The defendant made a C.C.P. Section 998 offer of $175,000.

Specials in Evidence

$33,250

Injuries

The plaintiff suffered a traumatic brain injury which resulted in behavioral changes and low standardized test scores. The plaintiff also claimed that he runs the risk of future cognitive problems, though this is not a certainty. The defendant claimed that neuropsychological testing revealed that the plaintiff's case was relatively normal and that he was performing at grade level.

Result

Judge Donald Black granted the plaintiff's motion for a directed verdict on the issues of liability and causation at the end of evidence. The only issue that went to the jury was the extent of the damages.

Deliberation

70 minutes

Length

seven days


#92083

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