Steiskal v. Capistrano Unified School District
Published: Dec. 16, 2000 | Result Date: Jun. 6, 2000 | Filing Date: Jan. 1, 1900 |Case number: 790064 Verdict – $1,399,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Richard K. Bridgford
(Bridgford, Gleason & Artinian)
Defendant
Donald H. Zell
(Casolari & Zell Attorneys at Law, LLP)
Facts
On May 5, 1997, the plaintiff, a first grade student, sustained serious, permanent injuries to his left arm when he
fell from a horizontal ladder (monkey bars) on a playground at his elementary school. The plaintiff sued for
dangerous condition of public property and negligent supervision.
Specials in Evidence
$79,000
Injuries
Broken left arm with dislocation of radius at elbow with development of VolkmannÆs Ischemic Contracture resulting in loss of most use of left arm below elbow.
Result
The plaintiff initially offered evidence of 211 other accidents within the school district under Evidence Code Section 403. The Court allowed the admission of 21 of these for the purpose of showing that the defendant had notice of the dangerous condition and 2 for the purpose of showing the existence of the dangerous condition.
Other Information
The defendantÆs motion for new trial and JNOV were denied. The defendantÆs motion for deduction of verdict for collateral source payments by the plaintiffÆs medical insurance carrier was granted. The defendant has appealed the judgment regarding the dangerous condition. The plaintiff has cross-appealed regarding negligent supervision. The plaintiff initially offered evidence of 211 other accidents within the school district under Evidence Code Section 403. The Court allowed the admission of 21 of these for the purpose of showing that the defendant had notice of the dangerous condition and 2 for the purpose of showing the existence of the dangerous condition.
Deliberation
three days
Poll
11-1 (dangerous condition)
Length
10 days
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