Personal InjuryPersonal Injury Legal Cases
Los Angeles School Negligence Causes Student Severe Personal Injury
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES, WEST DISTRICT
ANWAR STETSON, a minor, by and through JEFF STETSON, his guardian ad litem, Plaintiff,
vs.
LOS ANGELES UNIFIED SCHOOL DISTRICT; MR. SCHONE; and DOES 1 to 20 Defendants.
CASE NO: SC103258
COMPLAINT FOR DAMAGES FOR PERSONAL INJURIES: NEGLIGENCE
DEMAND FOR JURY TRIAL
COMES NOW plaintiff ANWAR STETSON and for causes of action against all defendants, alleges as follows:
1. The incident which gives rise to this complaint and which caused the personal injury damages alleged herein occurred on January 30, 2008, at approximately 9:45 a.m. in the woodworking classroom/shop at Paul Revere Charter Middle School, in Los Angeles, California. This incident is hereinafter referred to as the "SUBJECT INCIDENT", and the location of the incident is hereinafter referred to as the "SUBJECT LOCATION".
2. At all times relevant herein, plaintiff ANWAR STETSON was, and is now, a resident of Los Angeles County, State of California. At the time of the SUBJECT INCIDENT, plaintiff was an enrolled student at Paul Revere Charter Middle School.
3. Plaintiff ANWAR STETSON is a minor and, therefore, is prosecuting this action by and through JEFF STETSON, his court-appointed guardian ad litem. Plaintiff was 13-years-old at the time of the SUBJECT INCIDENT.
4. Defendant LOS ANGELES UNIFIED SCHOOL DISTRICT ("LAUSD") is a governmental entity, being a political subdivision of the State of California, organized and existing to provide safe schooling environment and experience to the school-age youth within its geographical boundaries. LAUSD owns, manages, supervises, provides teachers and leadership to, oversees the safety of students at, and administers the SUBJECT LOCATION.
5. Plaintiff is informed and believes and, based upon such information and belief, alleges that at all times mentioned herein, defendant MR. SCHONE was and is now an individual resident of the County of Los Angeles, State of California. At the relevant time and place, MR. SCHONE was an employee of LAUSD and was the assigned woodworking instructor who had the direct responsibility for monitoring and supervising the use of woodworking equipment at the SUBJECT LOCATION. MR SCHONE was at all relevant times acting within the course and scope of his employment for LAUSD.
6. Plaintiff is ignorant of the true names and capacities of the defendants sued herein as DOES 1 to 20, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege the true names and capacities when that information is ascertained. Plaintiff is informed and believes and, based on that information and belief, alleges that each such fictitiously named defendant is legally responsible in some manner for the occurrences alleged herein, and that Plaintiff's injuries and damages were legally caused by each such defendant's actions.
7. Plaintiff is informed and believes and, based on this information and belief, alleges that defendants, and each of them, were the agents, servants and employees of their co-defendants, and in doing the things herein alleged were acting within the course, scope, purpose, and authority of such agency and employment with the full knowledge, permission and consent of each of their co-defendants.
8. Plaintiff has complied with the statutory claims process which is a condition precedent to the filing of this action for claims made against government entities and employees, including defendant LAUSD and its employees.
9. At and before the time of the accident which is the subject matter of this action, defendants LAUSD, MR. SCHONE, and DOES 1 to 20, and each of them, had a special relationship with the students enrolled at Paul Revere Charter Middle School and attending classes at its campus and using its facilities. Plaintiff is a member of that group of people with whom defendants, and each of them, had a special relationship.
10. As a result of this special relationship, defendants, and each of them, owed the students a duty of due care to provide the students in the woodworking class and otherwise using the powered woodworking equipment at the SUBJECT LOCATION with proper and complete instruction, training, monitoring, and supervision of students' use of that equipment. The power tools in the shop present a dangerous threat to the safety of students. Defendants, and each of them, know about these dangers, and they know that middle school students, due to their young age, cannot be expected to appreciate and understand and act in accordance with those dangers at all times, and know that they will not exercise sufficient caution at all times to protect themselves in the safe use of the power tools absent supervision by trained teachers and other administrators. Therefore, as a part of the exercise of their special duty of due care, defendants and each of them were required to provide direct adult supervision of student use of the power tools in the woodworking shop, and to prevent such use under any condition should the use for particular functions be unsafe for students of middle school age.
12. At all times relevant, defendants, and each of them, negligently, carelessly, recklessly, willfully, wantonly, and tortiously failed to exercise due care in the performance of their duties to protect and provide for the safety of the Paul Revere Charter Middle School students, and for the safety of plaintiff in particular. This failure to exercise due care includes but is not limited to the failing to provide direct supervision of the use of the power tools by plaintiff at the SUBJECT LOCATION at the time and place of the SUBJECT INCIDENT, or to prevent the use of those tools if conditions were such that direct teacher or other appropriate supervision could not be provided. As a result of such negligence, plaintiff was using a power tool at the time of the SUBJECT INCIDENT without adequate instruction or supervision and cut off two of his fingers. Had such care for the safety of plaintiff and other students, including proper and adequate training, management, and supervision been provided, or had proper limitations on the use of the power tools and equipment been implemented before the time of the SUBJECT INCIDENT, plaintiff would not have been injured as alleged herein.
13. As a legal result of the negligent conduct of the defendants, and each of them, plaintiff was injured in his health, strength, and activities, and sustained injury to his body and shock and injury to his nerves and nervous system, all of which have caused and continue to cause him great mental, physical and emotional pain and suffering, disfigurement, permanent partial and total disability, physical impairment, loss of enjoyment of life, and other general damages. Plaintiff is informed and believes, and thereupon alleges, that his injuries will result in permanent injury and disability, including but not limited to the dismemberment and permanent loss of portions of two fingers on his left hand, all to his general damage in an amount not presently ascertained, but in excess of the minimum jurisdictional amount of this court.
14. As a direct and legal result of the negligent conduct of the defendants, and each of them, plaintiff sustained serious and permanent physical injuries, and as a legal result of those injuries, has incurred and will incur in the future, the expense of medical treatment to treat those injuries; will lose in the future income from work and/or the full or partial ability to work; and other special damages in an amount which exceeds the minimum jurisdictional amount of this court, according to proof at trial.
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:
1. General damages in an amount in excess of the minimum jurisdictional amount of this Court according to proof;
2. Past and future hospital, medical, and other health care expenses according to proof;
3. Loss of future earning capacity in an amount according to proof;
4. Costs of suit incurred herein; and
5. Such other and further relief as the Court deems just and proper.
DATED: March 5, 2010 BISNAR|CHASE
______________________________________
BRIAN D. CHASE
SCOTT A. RITSEMA
Attorneys for Plaintiff
(click on icons for more information)
SLS Consulting
