Case details

Parents: Failure to monitor child on bus resulted in asphyxia

SUMMARY

$10000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
asphyxia, death, loss of society, pulmonary, respiratory
FACTS
On March 25, 2011, plaintiffs’ decedent Kevin Cisler, 3, a special needs child, was being drive home from school in a Capistrano Unified School District bus when he was asphyxiated by the chest harness on his wheelchair. Kevin’s parents, Melissa and Daniel Cisler, sued Capistrano Unified School District for negligent supervision, resulting in the wrongful death of their son. Plaintiffs’ counsel contended that Kevin was improperly strapped into his wheelchair, and then left unsupervised and unmonitored by an employee bus driver for over 40 minutes. The Orange County coroner concluded that Kevin died as a result of positional asphyxiation, by which he literally hanged to death on his wheelchair chest harness. The school district refused to admit liability and causation for approximately 18 months, despite the Orange County coroner’s findings. According to plaintiffs’ counsel, the defendant contended, up until the eve of trial, that Kevin’s pre-existing disability caused his death. However, plaintiffs’ counsel noted that the school district finally admitted liability and causation only after a dozen depositions, in which gross negligence was uncovered., Kevin suffered positional asphyxiation from the chest harness on his wheelchair. He ultimately died during the time he was left unsupervised and unmonitored for over 40 minutes. At 1 year’s old, Kevin was diagnosed with Angelman Syndrome, a neuro-genetic disorder characterized by severe intellectual and developmental disability, sleep disturbance, seizures, jerky movements and usually a happy demeanor. As a result, he was receiving early intervention through the Capistrano Unified School District. At the time of his death, Kevin, who was 3 years old, was not mobile or verbal. Thus, Kevin’s parents sought recovery of damages for the loss of love, comfort, affection, society and moral support of their only child at the time. However, they did not make any claims for economic damages. Defense counsel initially retained seven experts to contest the plaintiffs’ alleged noneconomic damages. However, after each of the defense’s seven experts was deposed, defense counsel ultimately chose not to present their arguments or witnesses at trial.
COURT
Superior Court of Orange County, Orange, CA

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