Jacob Garcia v. Glendale Unified School District
Published: Jul. 30, 1994 | Result Date: Jun. 10, 1994 | Filing Date: Jan. 1, 1900 |Case number: EC003006 – $0
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald M. Greenspahn
(medical)
Craig Cunningham
(technical)
Defendant
Donna Ligutom Kimura
(technical)
Allen S. Bursk
(medical)
Facts
On March 21, 1990, Plaintiff Jacob Garcia, a 15-year-old tenth grader at Hoover High School in Glendale, was enrolled in a sixth period Lifetime Sports class. The substance of the class consisted of weight training and jogging. On the date of the incident the weight training room was unavailable and the class asked their teacher if they could play soccer rather than jog. The teacher, who had virtually no knowledge of soccer, allowed the students to play a game of soccer. Plaintiff was kicked in the shin by another player while dribbling for a goal and sustained a fracture to the right tibia.
Settlement Discussions
Defendant contends it offered nothing and Plaintiff demanded $75,000 reduced to $28,000.
Specials in Evidence
$1,500 $1,530 (inability to take a summer job)
Injuries
Fractured tibia requiring with full leg cast for two and 1/2 months; residual pain at the fracture site and atrophy of the thigh, causing leg, knee, and lower back pain. Plaintiff maintained that the residual pain prohibited him from keeping his summer job. Plaintiff also claimed that his father was a physician's assistant and his grandfather was a doctor, both of whom gave him additional treatment without charge.
Other Information
The case was arbitrated before Darrell Graver, who awarded Plaintiff $28,000; Defendant requested a trial de novo.
Deliberation
2.5 hours
Poll
9-3
Length
4 days
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