Case details

School staff acted reasonably during earthquake, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, right leg
FACTS
On May 19, 2009, plaintiff Angelea Fredrick, a 3.5-year-old child, was a student at Pacific Coast Montessori School and Infant Center, in Oakland, when an earthquake occurred. As a result, the students were taken to safety. However, during the incident, Angelea sustained a fracture of her right leg. No adult witnessed the actual injury. Angelea, by and through her parents, Matthew Fredrick and Cristy Herzberg, sued the operator of the school and infant center, PCH Schools Inc. Angelea’s parents alleged that the school failed to properly supervise the students. Angelea’s parents claimed that their daughter was hit by another student as he was sliding down, or jumping off of, a slide. Thus, plaintiffs’ counsel argued that PCH Schools failed to properly supervise the students and that the school personnel failed to provide timely medical attention to Angelea. Specifically, counsel contended that the school personnel delayed in calling emergency services and, instead, decided to wait for the parents’ arrival. Defense counsel denied there was any negligence on the part of PCH Schools and argued that the staff properly supervised the students given the situation., Angelea sustained a nondisplaced fracture of her right leg, which was subsequently placed in a full leg cast for nine weeks. The fracture ultimately healed and there were no residual . Thus, no future medical treatment is required. Angelea sought recovery for her past medical costs and recovery of damages for her past pain and suffering.
COURT
Superior Court of Los Angeles County, Torrance, CA

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