Child falls from playground equipment: Inadequate supervision: Broken neck: Brain damage: Structured settlement

Law Reporter, Jun 2001

SCHOOLS

Doe v. Roe Headstart Program, Cal., Los Angeles County Super. Ct., confidential docket no., Nov. 28, 2000.

Doe, 3, was a student at a Headstart program operated by Roe. Doe either fell or was pushed from a jungle gym - a piece of playground equipment - possibly striking his head on the equipment before landing on the ground. Doe suffered a broken neck. He also reportedly developed a seizure disorder and suffered brain damage, resulting in cognitive deficits. His medical expenses totaled approximately $28,800. His claimed future economic loss is between $2.5 million and $3 million.

Doe sued Roe, alleging that its supervision was inadequate because plaintiff was not supervised while standing on a platform over a vertical climber component of the jungle gym.

Defendant countered that its supervision was adequate because the teacher to student ratio was two to 19. Defendant also contended it was not negligent for one of the teachers to leave the playground temporarily to get water for the students. Defendant further claimed that plaintiff's score on a preschool inventory test indicated he had preexisting cognitive deficits. In addition, defendant argued that plaintiff either does not have a seizure disorder or, if he does, the disorder is unrelated to the fall.

The parties reached a structured settlement with a present value of about $6.34 million. The present day cost is $1 million, defendant's policy limits.

Plaintiff's expert witnesses included Craig Cunningham, playground equipment and education, Van Nuys, Cal.; Ronald S. Gabriel, pediatric neurology, Los Angeles, Cal.; Carlos F. Saucedo, neuropsychology, Los Angeles, Cal.; Roger V Bertoldi, epileptology, Culver City, Cal.; and Gene Bruno, vocational rehabilitation and life care planning, Los Angeles, Cal.

Defendant's expert witnesses included Jay Beckwith, playground equipment, Forestville, Cal.; Samuel DeFillippo III, playground safety inspection, Albuquerque, N.M.; Malcolm C. Robbins, playground equipment design, San Diego, Cal.; David F. Meaney, biomechanical engineering, Media, Pa.; and Robert F. Asarnow, neuropsychology, Los Angeles, Cal.

Plaintiff's Counsel

*Matthew B.F. Biren, Bel Air, Cal.

*Marc J. Katzman, Bel Air, Cal.