Daniel Whitfield v. Long Beach Unified School District
Published: Jun. 12, 1999 | Result Date: Mar. 25, 1999 | Filing Date: Jan. 1, 1900 |Case number: NC021816 Verdict – $200,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Facts
On Feb. 28, 1997, plaintiff Daniel Whitfield was a 16-year-old, ninth grade student at Poly High School in defendant Long Beach Unified School District. He failed to return to his History class after an assembly and left the school grounds right before lunch. The plaintiff attempted to cross Atlantic Avenue but was hit by a pick up truck. The driver, defendant Anthony Brender fled the scene but was later arrested and convicted of felony hit and run. The driver defaulted and did not appear at trial. The plaintiff brought this action against the defendants based on negligent supervision.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $275,000, which was reduced to $125,000 at trial. The defendants made no offer.
Specials in Evidence
$87,500
Injuries
The plaintiff sustained a shattered pelvis, requiring surgery of open reduction with internal fixation; a fractured hip socket requiring surgery and chipped tooth and a slight limp.
Other Information
An arbitration was held on July 27, 1998, before retired judge Norman Gordon resulting in a defense award. The plaintiff requested a trial de novo.
Deliberation
two hours
Poll
11-1
Length
seven days
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