Case details

Student claimed teacher negligently supervised class

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anxiety, brain, brain damage, brain injury, cognition, concentration, emotional distress, head, headaches, impairment, mental, psychological, sensory, speech, traumatic brain injury, vision
FACTS
On Nov. 19, 2015, plaintiff Joshua Bances, 11, a sixth grade student at Walter Reed Middle School, in North Hollywood, was struck on the head by a classmate. Joshua was struck with a brick that was originally a part of his group’s science project. He was eventually sent to the school’s nurse’s office. Joshua’s mother, Sandra Sique, who was acting a Joshua’s guardian ad litem, sued the employer of Joshua’s science teacher, the Los Angeles Unified School District. Sique alleged that Joshua’s science teacher negligently supervised the class and that the school district was liable for the teacher’s actions. Sique also alleged that the school district was negligent in the hiring of the science teacher. The San Fernando Valley Community Mental Health Center, a medical provider, was initially named as a plaintiff, but it was ultimately removed from the case. Defense counsel denied that the school district was negligent in its hiring of the science teacher, and asserted that the science teacher was not negligent in supervising the class., Joshua sustained blunt force trauma to his head and was taken to the school nurse. He then went to a hospital’s emergency room the next day. He was later diagnosed with a traumatic brain injury and post-concussive syndrome. Joshua claimed he sufferedn neuropsychological symptoms related to his traumatic brain injury, including persistent, severe headaches and head pain. He also claimed he suffered cognitive impairment, anxiety, emotional distress and post-traumatic stress disorder. In addition, he claimed that his emotional distress exacerbated his physical symptoms and cognitive inefficiency, as evidenced by his subsequent generalized anxiety, fibromyalgia, irritable bowel syndrome, and depression. Joshua alleged that he suffers from vision problems, ear trauma, hearing problems, concentration issues, noise and photo sensitivity, migraines, amplified muscular pain syndrome, fatigue and memory problems. He also alleged that he suffers from Alice in Wonderland Syndrome, which is a rare neurological disorder characterized by distortions of visual perception, the body image, and the experience of time. The plaintiff’s neuropsychology expert opined that Joshua’s traumatic injury resulted in cognitive impairment, as evidenced by the decline in Joshua’s academic performance. The plaintiff’s medical experts opined that Joshua would need further treatment to address his physical and psychological , including multiple neuropsychological evaluations, continued treatment with a neuro-ophthalmologist, continued pain management, rheumatological care, psychopharmacological management of his anxiety, and ongoing psychotherapy. Joshua sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel disputed the nature and extent of Joshua’s , and noted that Joshua refused a statutory offer to compromise.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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