On June 11, 2010, plaintiff Bobby Franks Jr., 5, was in the play yard of Contra Costa ARC’s pre-school, where he was enrolled. The pre-school was for children ages 3 to 5 years old with special needs for behavior disorders, like severe aggression and disruptive behavior. On this day, Bobby was being directed by one of the teachers to climb down a “corkscrew pole” on an elevated play structure in the school’s play yard. In order to do climb down the pole, Bobby would have been required to reach out toward the pole and slide down. At the same time, a 5-year-old student with a long history of aggression stood behind and within inches of Bobby as Bobby attempted to climb down the corkscrew pole. However, after 30 seconds to one minute, the 5-year-old girl pushed Bobby off the play structure, causing him to fall forward to the ground below. Upon impact, Bobby completely dislocated his left, non-dominant elbow. Bobby’s grandmother, Penny Orlando, acting as her grandson’s guardian ad litem, sued Contra Costa ARC. Orlando alleged that the defendant was liable for its employee’s negligent supervision of the students. Plaintiff’s counsel contended that the teacher should have told the 5-year-old girl to stand back and move away from Bobby while he was attempting to follow the teacher’s instructions to climb down the corkscrew pole. Defense counsel contended that the teacher was properly supervising the children and that it was not foreseeable that the other student would push Bobby. However, in response, plaintiff’s counsel introduced over 50 accounts from the children’s daily progress notes, which allegedly listed the 5-year-old girl as pushing, hitting and being very aggressive, especially toward boys., Bobby sustained a complete dislocation of his left, non-dominant elbow. His grandmother was subsequently called by school staff and told that Bobby had been injured. She then took him to a hospital in Antioch, where surgery was performed and pins were put in to stabilize Bobby’s elbow. Bobby’s arm was then placed in a long arm cast. Approximately one month later, Bobby suffered an infection to his elbow and he had to be hospitalized for 21 days. Orlando claimed that her grandson’s left elbow is now slightly bent and has permanent range of motion limitations, such as not being able to touch the back of his head with his left arm. She also claimed that Bobby will have mild to moderate pain from arthritis for the rest of his life. However, she alleged that, overall, Bobby has made a good recovery.