Case details

Failure to properly supervise student led to drowning: parents

SUMMARY

$8000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
asphyxia, death, pulmonary, respiratory
FACTS
On May 8, 2018, plaintiffs’ decedent Benjamin Curry, 15, a student at San Ramon Valley High School, was in a pool with 56 other students as part of a physical education class that was being taught by their physical education teacher, Aaron Becker, when Benjamin drowned. Benjamin’s parents,Karen Curry and Thomas Curry, acting individually and as their son’s successors in interest, sued Becker and the high school’s operator, the San Ramon Valley Unified School District. Benjamin’s parents alleged that Becker failed to properly supervise the swim class, resulting in their son’s wrongful death. They also alleged that the school district failed to properly train Becker and were liable for Becker’s actions. Plaintiffs’ counsel contended that Becker had minimal training in water safety and that Becker’s lifeguard certification expired on March 16, 2018. Counsel also contended that there were no lifeguards present to help Becker monitor the students, and noted that the high school’s surveillance video showed Becker looking at his cell phone while the students treaded water. In addition, plaintiffs’ counsel contended that the school district failed to have rules, regulations, policies or procedures in place to guide Becker’s supervision of the class. Defense counsel contended that Becker was using his cell phone as a stopwatch and timer at the time of the incident and that Becker had not used his phone for calls or texting during the subject class., Benjamin asphyxiated and died in the school’s pool. His drowned body was found when the next swim class came in to use the pool. Benjamin’s parents sought recovery of wrongful death damages for the loss of their son.
COURT
Superior Court of Contra Costa County, Martinez, CA

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