Student slips on wet floor at middle school. $1M. Los Angeles County.


School district says plaintiff tripped during gym class.

The Case

  • Case Name: Minor student v. Burbank Unified School District
  • Court and Case Number: Los Angeles Superior Court / 18STCV05623
  • Date of Verdict or Judgment: Thursday, June 30, 2022
  • Date Action was Filed: Tuesday, November 20, 2018
  • Type of Case: Premises Liability, Slip and Fall
  • Judge or Arbitrator(s): Hon. Michael B. Harwin
  • Plaintiffs:
    Minor student
  • Defendants:
    Burbank Unified School District
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,000,000
  • Net Verdict or Award: $900,000
  • Contributory/Comparative Negligence: 10% to minor student
  • Economic Damages:

    None requested.

  • Non-Economic Damages:

    Past: $250,000

    Future: $750,000

  • Trial or Arbitration Time: 6 days
  • Jury Deliberation Time: 30 minutes
  • Jury Polls: 11-1
  • Post Trial Motions & Post-Verdict Settlements: Settlement of $850,000.

The Attorneys

  • Attorney for the Plaintiff:

    BD&J, PC by Martin J. Kanarek, Beverly Hills.

  • Attorney for the Defendant:

    Carpenter, Rothans & Dumont by Jill Williams and Yaron Dunkel, Los Angeles.

The Experts

  • Plaintiff’s Medical Expert(s):

    Arthur Kreitenberg, M.D., orthopedic surgery.

  • Defendant's Medical Expert(s):

    Thomas Grogan, M.D., orthopedic surgery.

  • Plaintiff's Technical Experts:
  • Plaintiff's Technical Expert(s):

    Brad Avrit, safety engineering.

    John Brault, biomechanics.

    Marie Stephens, school policy and procedure.

  • Defendant's Technical Expert(s):


Facts and Background

  • Facts and Background:

    On January 9, 2018, plaintiff was a 13-year-old student who attended John Muir Middle School. During gym class on a rainy day, plaintiff slipped and fell on rain water that had accumulated on the gym floor.

  • Plaintiff's Contentions:

    That defendant allowed students to track in rain water and as such the gym floor was a dangerous condition of public property. That plaintiff slipped on the wet floor and fell.

  • Defendant's Contentions:

    That plaintiff clipped another student's heel while running, causing plaintiff to trip and fall rather than slip and fall.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Fractured elbow on non-dominant arm requiring two surgeries. Plaintiff lost some supination range of motion in her non-dominant wrist.

  • Due to the surgeries in the months after the fall, plaintiff was unable to participate in extracurricular activities like violin, a speech writing competition and theater.

Special Damages

  • Special Damages Claimed - Past Medical: None claimed.
  • Special Damages Claimed - Future Medical: None claimed.
  • Special Damages Claimed - Past Lost Earnings: None claimed.
  • Special Damages Claimed - Future Lost Earnings: None claimed.

Demands and Offers

  • Plaintiff §998 Demand: $750,000 (10 days prior to trial.)
  • Defendant §998 Offer: $300,000 (10 days prior to trial.)