Aitken Redesign

CASE DESCRIPTION: Plaintiff was at school practicing for a play. She was required to kneel on a table for the scene. Plaintiff was injured when she was pushed off the table. Plaintiff brought suit for personal injury premised upon the Defendant negligently requiring students to be in position of kneeling on a table.

RESULT: $50,000.00 total settlement

Plaintiff Elaine B. was seven years old and in the first grade at Laurel Elementary School. Her teacher, Kim L., was having the children practice a performance for the principal of the school. Plaintiff and three other children were placed in a row in the back of other students and were instructed to kneel on a desk. A child at one end was either pushed or fell and started a chain reaction, which ended with Plaintiff falling on the floor and seriously fracturing her elbow.

Elaine B. was taken to the emergency room and her arm was placed in a cast. Nine days later examination indicated the fracture was seriously displaced with severe edema present. Open reduction and percutaneous pinning was performed on her elbow, and her arm was placed in a splint. Elaine’s fracture healed and the pins were removed on July 22, 1993. There remains a small possibility of disruption of the growth plate in her elbow.

The Plaintiff alleged that Defendants Kim L. and Brea-Olinda Unified School District were negligent in requiring four small children to kneel on a desk in a row, practicing for a play. Plaintiff Elaine B. was pushed by one child off the desk, causing the injury.

TYPE OF CASE: Personal Injury

INJURIES: Serious fracture of the elbow.

DATE & LOCATION OF INCIDENT: On 6/14/93 at 9:00 a.m. at Laurel Elementary School, 200 Flower Avenue, Brea, CA.

PLAINTIFF’S AGE: 7 at time of injury.

OCCUPATION: Student

PLAINTIFF’S ATTORNEY:
Richard A. Cohn
AITKEN * AITKEN * COHN
For Plaintiff – Elaine B.

DEFENDANTS’ ATTORNEY:
Donna Bateman
LEIBMAN, REINER & MCNEIL
For Defendant – Brea-Olinda Unified School District & Kim Law

DEFENDANT INSURANCE CO.: Brea-Olinda Unified School District