Case details
Toddler injured her arm at preschool, father claimed
SUMMARY
$15000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, fracture, humerus
FACTS
On June 17, 2014, plaintiff Catherine Ulloa, a 2-year-old child, was dropped off at Wonderland Preschool, in Bellflower. That evening, after her parents picked her up, they noticed that Catherine had a fever. The next morning, she appeared to have a problem with her left arm. The toddler was taken to the hospital and diagnosed with an arm injury. Catherine’s father, Sergio Ulloa, acting as his daughter’s guardian ad litem, sued the operator of Wonderland Preschool, Wonderland Montessori LLC. He alleged the preschool was negligent in its supervision of his daughter and that its negligence contributed to Catherine’s injury. Plaintiff’s counsel contended that Catherine was injured at the preschool on June 17, 2014, but that employees of Wonderland Montessori failed to obtain medical attention for Catherine. Counsel asserted that the preschool’s employees should have immediately told Catherine’s parents what had happened and that Wonderland Montessori should have sought medical attention for the toddler as soon as its employees suspected that Catherine was injured. Defense counsel insisted that no one at the school actually saw Catherine fall and that the child gave no indication that she was injured on the premises., Catherine’s mom took her to Miller Children’s & Women’s Hospital Long Beach, where Catherine underwent two sets of X-rays. The tests were negative for any fracture or dislocation, and she was given a sling. Catherine was then referred to the Greater Los Angeles Orthopedic Medical Group, in Downey, for a further opinion. More X-rays were taken, and Greater Los Angeles Orthopedic’s tests were also negative for a fracture. As a result, Catherine was diagnosed with a probable hairline fracture of the left distal humerus, which forms part of the elbow. Catherine wore a sling for several weeks, and her parents admitted there were no lingering effects of the injury. Thus, Catherine’s father, on behalf of his daughter, sought recovery of past medical expenses and damages for Catherine’s past pain and suffering. Defense counsel asserted that the X-rays never confirmed a fracture or a dislocation.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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