Gray•Duffy, LLP Settles Injury Lawsuit Against San Carlos School District, Obtaining Complete Indemnity for the Firm’s Client Pursuant to Contract

September 2015

Overview

Richard M. Williams of Gray · Duffy, LLP’s Redwood City office recently settled an injury lawsuit against its client, the San Carlos School District, involving a 37-year-old woman who ruptured her Achilles tendon in a “boot camp” exercise class being conducted at Central Middle School in the City of San Carlos.

Discussion

Kimberly Khelifi v. San Carlos School District, et al. Plaintiff Kimberly Khelifi alleged the presence of a raised stage, used for amateur musical productions by the San Carlos Children’s Theater, created a dangerous condition of the school gymnasium which resulted in her sudden stop while doing “suicide sprints” during a morning boot camp class, which resulted in the rupture of her right Achilles tendon. Plaintiff required surgical repair of the ruptured tendon and claimed she lost her job as a surgical assistant as a result of time required to recuperate from the injury. Damages claimed, including medical and income loss, were in excess of $50,000. The case settled for $35,000. The San Carlos School District paid no money toward the settlement. The settlement was funded entirely by the company which ran the boot camp exercise class that had entered into a facilities use agreement with the School District. The agreement contained an indemnity provision which protected the School District.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.