Confidential
Settlement – $5,000Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Drew R. Antablin
(Antablin & Bruce ALP)
Experts
Plaintiff
Fred Goldstein
(medical)
Eugene Malitz
(medical)
Facts
On December 23, 1993, the plaintiff, a 10th grade student at a high school within the defendant school district, left school approximately + hour prior to the end of school with five friends. He was carrying a yellow basketball at the time of his departure. Balls belonging to the defendant school district were yellow, but the ball carried by the plaintiff and his friends allegedly was not a ball belonging to the school. When one of the defendant physical education teachers saw the plaintiff leave the campus, he allegedly called for the five students to return. The defendant claimed that one of the five students shouted an expletive and continued running. The defendants, the physical education teacher and his aide, left the campus to follow the students. Approximately nine blocks from campus, the defendant teachers found, stopped and detained the students for 15 to 20 minutes. The plaintiff and his friends claimed that the defendant teacher struck the plaintiff once in the rear end with a stick resembling a billy-club, and struck one of the other student with the stick. The plaintiff also claimed that the defendant teacher pushed all of the students, challenged the plaintiff to fight and threatened to have the students jailed. The plaintiff alleged the defendant teacher uttered racial epithets to the plaintiff, an African-American, and made vulgar sexual remarks to the students. The plaintiffs brought this action against the defendants, the school district, the teacher and his aide, based on negligence, assault, battery, false imprisonment intentional infliction of emotional distress, negligent hiring and negligent supervision theories of recovery.
Settlement Discussions
The plaintiff made an initial C.C.P. º998 settlement demand for $200,000, reduced to $80,000 prior to trial. The defendants made a settlement offer of $15,000. At the close of the plaintiff's case, and after the court granted defendants' motions for non-suit on negligent supervision, training, false imprisonment and punitive damages, the plaintiff made a settlement demand for $10,000. The defendants made a settlement offer of $5,000, which was accepted by the plaintiff.
Specials in Evidence
$2,100 (psychological counselling) $_______________ $5,000 (per the plaintiff)
Damages
The plaintiff claimed punitive damages and compensation for loss of earnings withdrawn by the plaintiff.
Injuries
The plaintiff claimed he suffers post traumatic stress disorder, identity disorder, humiliation, anger, anxiety, nightmares and withdrawal from his friends and social activities as a result of the incident.
Other Information
The settlement was reached approximately two years after the case was filed. A settlement conference was held on March 27, 1996, before Judge Stanton. It did not resolve the matter.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390