Donald Ornellas, a minor, by and through his Guardian ad Litem Lyndsi Ornellas v. Kerman Unified School District and Bill Furnish
Published: Aug. 23, 2014 | Result Date: Jul. 19, 2014 | Filing Date: Jan. 1, 1900 |Case number: 12CECG03829 Settlement – $1,900,000
Court
Fresno Superior
Attorneys
Plaintiff
Jason S. Bell
(Baradat & Paboojian Inc.)
Defendant
Leith B. Hansen
(Jacobson Hansen & McQuillan)
Facts
Donald Ornellas, by and through his guardian ad litem, filed a lawsuit against Kerman Unified School District and Bill Furnish in relation with an accident that took place on a school football field. Furnish was later dismissed.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Sept. 5, 2012, he was helping janitors paint the football field at Kerman High School when a screwdriver hit him in the face. He claimed that screwdrivers were placed into the ground and strings were tied around them such that the string created lines on the field, before a paint machine was used to paint lines. Plaintiff claimed that a screwdriver came loose and was launched into the air form a 30-foot distance until it hit him. He argued that the school district and the janitor, Furnish, caused a dangerous condition and failed to properly supervise him.
DEFENDANT'S CONTENTIONS:
The defense argued that because plaintiff was taken from a welding class at school in order to paint the field, he should be considered an employee, who was required to seek workers' compensation, rather than file suit.
Injuries
Ornellas suffered blindness in one of his eyes, enucleation, eye injuries and a fractured cheekbone.
Result
The parties settled for $1.9 million, under which plaintiff received $76,000 for past medical bills and $117,000 for future medical bills.
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