Case details

Improper supervision of student resulted in fall from height: suit

SUMMARY

$2000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, back, fracture, neck, vertebra, vertebrfoot
FACTS
On May 15, 2014, plaintiff Mark Lopez, 19, a special needs student at Shadow Hills High School, in Indio, went out of the view of his provided caregiver. Lopez, who is severely autistic, epileptic, and cognitively disabled, ended up jumping off a second story ledge of the school. He sustained to his right ankle, left foot, and back. Lopez, by and through his guardian ad litem, Inez Castro, sued the operator of the high school, the Desert Sands Unified School District. The county of Riverside was also named as a defendant, but it was ultimately dismissed from the case. Plaintiff’s counsel contended that as a result of Lopez’s mental disabilities, the school district was required to prepare an individualized educational program to ensure Lopez’s right to access free public education and to ensure Lopez’s safety while at school. Counsel also contended that the caregiver that was provided was not properly supervising Lopez and was of inadequate size and strength to control him. Thus, plaintiff’s counsel asserted that the school district improperly supervised Lopez, which led to the subject incident. The Desert Sands Unified School District admitted liability., Lopez suffered a fracture of the right ankle, fractures of the left foot’s calcaneus (heel), and multiple fractures of the thoracic and lumbar spine. Although surgery was recommended, Lopez has not yet undergone the procedure. According to plaintiff’s counsel, Lopez’s condition makes his ankle fracture difficult to treat. As a result, Lopez allegedly continues to experience pain in his back and left ankle. Plaintiff’s counsel sought to have Lopez recover $4,863.20 in past medical costs (based on Medi-Cal charges) and $30,000 to $50,000 in future medical costs for Lopez’s future surgery. Counsel also sought to have Lopez recovery damages for his pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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