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
Court
Fresno Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
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
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