Case details
Teacher claimed he tried to stop student from looking at eclipse
SUMMARY
$50000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Aug. 21, 2017, the plaintiff, a student at Orcutt Academy High School, in Orcutt, approached a teacher, Ty Fredriks, who was setting up a demonstration in the school’s field to view the solar eclipse using a box to create a pinhole projector. When the student approached, he was allegedly struck in the stomach by Fredriks. The student, acting through his guardian ad litem, sued Fredriks; the school’s principal, Rhett Carter; the assistant superintendent, Susan Salucci; and the operator of the high school, Fredriks’ employer, the Orcutt Union School District. The student alleged that Fredriks’ actions constituted assault and that Carter, Salucci and the school district were negligent in the supervision of Fredriks. Plaintiff’s counsel asserted that Fredriks had a history of bullying the student, who was under a 504 plan, which provides accommodations to students with disabilities or medical issues. Counsel contended that after the incident, the student’s father spoke with Carter about keeping Fredriks away from his son, but that following the request, Carter did not speak with Fredriks. Counsel contended that when the student’s father learned that Fredriks pulled the student out of class to speak with him, despite the request for Fredriks to be kept away from the student, the father set up a meeting with school administrators. However, plaintiff’s counsel contended that Salucci pulled the student out of class an hour before the meeting to interview him without his parents and to allegedly promote Fredriks’ side of the incident. Fredriks claimed that he acted instinctively to prevent the student from looking directly into the sun during the solar eclipse, as the student was attempting to look at it using only his hands as eyeglasses. He also claimed that he took it upon himself to try to speak with the student in order to apologize before there was any administrator involvement. Defense counsel contended that after initially speaking with the student’s father, Salucci did not have a chance to speak with Fredriks before Fredriks pulled the student out of class to apologize., The student did not sustain a serious injury as a result of allegedly being struck in the stomach. However, he claimed he suffered from emotional distress as a result of the events. The student sought recovery for his emotional pain and suffering.
COURT
United States District Court, Central District, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
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- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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