Jose Reginel Yeste, a minor v. Val Verde Unified School District, Adrian Garcia, Salvador Garcia and Rosario Garcia
Published: Jan. 9, 1999 | Result Date: Oct. 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: 284854 Verdict – $62,858
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Michael J. Einbund M.D.
(medical)
Facts
In February 1995, plaintiff Jose Reginel Yeste, a 10-year-old regular education fourth grade student with muscular dystrophy, transferred into an elementary school within the defendant school district. Within two to three weeks at the new school, the plaintiff allegedly began being pushed, shoved and physically harassed by defendant Adrian Garcia, another student in the same class. A teacher separated the two boys in class, but the harassment allegedly continued at recess. The next year, the plaintiff entered the fifth grade. Defendant Garcia was placed in the same class and allegedly continued hitting, pushing and physically harassing the plaintiff. On Oct. 26, 1995, the plaintiff was in the school cafeteria at lunch cleaning up to earn extra credit points. Defendant Garcia entered the cafeteria without permission, approached the plaintiff, took the broom from him and pushed him to the ground, causing him to sprain his right ankle. Subsequently, on Dec. 4, 1995, while in class, defendant Garcia kicked the plaintiff in the leg. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
Per plaintiff, he made a C.C.P. º998 demand of $75,000. Per the Garcia defendants, plaintiff demanded $100,000 from them and $150,000 from the other defendants. The defendant school district then made a C.C.P. º998 offer of $5,000. The Garcia defendants made no formal offers.
Specials in Evidence
$2,858
Injuries
The plaintiff claimed emotional distress.
Other Information
The verdict was reached approximately two years and seven months after the case was filed. An arbitration was held on Oct. 28, 1997, resulting in a $10,000 award for plaintiff. The plaintiff requested a trial de novo. The defendant school district's motion for new trial and motion for judgment notwithstanding the verdict were denied and their motion to tax costs is pending.
Deliberation
1½ days
Poll
12-0
Length
eight days
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