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Personal Injury (Non-Vehicular)
Premises Liability
School Related Incident

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

James V. Selna

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


#94732

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