Michelle Baxter v. Long Beach Unified School District, et al.
Published: Jan. 25, 2001 | Result Date: Dec. 7, 2000 | Filing Date: Jan. 1, 1900 |Case number: NC021670 Verdict – $13,758
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Alexis Galindo
(Curd, Galindo & Smith LLP)
Defendant
Ronald S. Whitaker
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Myron Shapero
(medical)
Stephen Sideroff
(medical)
Defendant
Dan Woitivich
(technical)
Facts
According to the plaintiff: Plaintiff Michelle Baxter and defendant Leila Kyoto Miyamoto, were 10th grade
students at Millikan High School in Long Beach, owned and operated by Long Beach Unified School District.
On Dec. 19, 1996, Miyamoto was angry with plaintiff because she was dating MiyamotoÆs former boyfriend.
Miyamoto told her friend, the male co-defendant, to videotape the fight at school. The male co-defendant taped
several minutes of video of friends talking before the fight and also taped the fight. The fight occurred in the
"quad" area on campus during a meal break.
Settlement Discussions
The plaintiff first sought $25,000 for each defendant, lowered to $11,500 from each defendant. Defendant Miyamoto made a C.C.P. Section 998 offer of $7,500.
Specials in Evidence
$3,758
Injuries
Bruises, contusions, nightmares, ongoing headaches, embarassment, anxiety and humiliation.
Other Information
The male co-defendant settled for $13,500. Defendant Leila Miyamoto intends to file a post-judgment motion.
Deliberation
2.5 hours
Poll
12-0 (in favor of Baxter as to liability), 10-2 (in favor of Long Beach Unified School District as to no liability)
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390