Gray•Duffy, LLP Negotiates Favorable Settlement on Behalf of School District in Adverse Liability Claim

February 2015

Overview

Richard M. Williams of Gray•Duffy’s Redwood City office defended the firm’s client, a High School District, in a personal injury claim brought by a 15-year-old student who was seriously injured during a dance class practice. The case settled for $49,000.

Discussion

The plaintiff, a High School sophomore student, was injured during a dance class/practice for the homecoming assembly when she was flipped into the air by her male dance partner and landed on her face, fracturing her nose and sustaining a concussion. The nasal fracture healed after approximately six weeks, but there was residual scarring from bone fragments on the tip of her nose and she suffered recurring debilitating headaches. Neurologic testing was ultimately negative for any permanent brain injury, although the headaches persisted two years following the accident. Six laser surgeries were performed on her nose to alleviate the scarring, resulting in nearly complete cosmetic correction. Expert witnesses retained by the plaintiff, including an Olympic gymnastics coach, opined that the dance maneuver being undertaken at the time of the plaintiff’s injury was inappropriate for a high school dance class, even with advanced dancers like the plaintiff. The defense dance experts disagreed, testifying that the subject maneuver was very commonly done in high school dance routines and referenced online videos of high school assemblies in which the identical “flip” maneuver was performed. The case settled following a Mandatory Settlement Conference, the day before jury selection was to commence.

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.