The Case

• Case Name: Norman Doe v. Wee Town Learning Center, Charlene Burch, Nenerdy Rosas, et al.
• Court and Case Number: Fresno Superior Court / 23CECG03284
• Date of Verdict or Judgment: Wednesday, October 29, 2025
• Date Action was Filed: Friday, August 11, 2023
• Type of Case: Negligence
• Judge or Arbitrator(s): Hon. Lisa Gamoian
• Plaintiffs:
  Norman Doe, a minor
• Defendants:
  Wee Town Learning Center
  Charlene Burch
  Nenerdy Rosas
• Type of Result: Jury Verdict

The Result

• Gross Verdict or Award: $970,874.79
• Net Verdict or Award: $970,874.79
• Award as to each Defendant: Award against defendant Charlene Burch.
• Economic Damages: $270,874.79
• Non-Economic Damages: $700,000
• Trial or Arbitration Time: 13 court days
• Jury Deliberation Time: 4 hours
• Jury Polls: 9-3 on liability. Unanimous on damages.

The Attorneys

• Attorney for the Plaintiff:

  West Coast Trial Lawyers by Dean Aynechi, Houman Sayaghi and Lena Yadidi, Los Angeles.

• Attorney for the Defendant:

  Wolfe & Wyman LLP by Brian Gunn and Mandy Sims, Walnut Creek and Sacramento.

The Experts

• Plaintiff’s Medical Expert(s):

  Thomas Grogan, M.D., pediatric orthopedics.

• Defendant's Medical Expert(s):
• Scott Hoffinger, M.D., pediatric orthopedics.
• Plaintiff's Technical Expert(s):

  Lee Alton, standard of care.

• Defendant's Technical Expert(s):

  Bobby Cagle, standard of care.

Facts and Background

• Facts and Background: Plaintiff was a three-year-old child who suffered a femur fracture at day care. Plaintiff had attended the day care center for a year and a half.
• Plaintiff's Contentions: That the injury was not timely reported. The time of injury was disputed but it was at least one hour, and maybe 3.5 hours before parents were notified.
• That the fracture pattern suggested non-accidental trauma. The fracture was inconsistent with plaintiff throwing a temper tantrum, dropping to his knees and bending backwards. That plaintiff would need a second surgery in the future.
• Defendant's Contentions: That the injury was timely reported. The fracture pattern was entirely consistent with the mechanism of claimed injury. Plaintiff only needed some additional PT.

Injuries and Other Damages

• Physical Injuries claimed by Plaintiff: Plaintiff underwent a closed reduction for the fractured femur.
• The cast came off, and then he suffered a subsequent toddler fracture, which was non-displaced so doctor put a splint on it, then he attended two physical therapy sessions.

Demands and Offers

• Plaintiff §998 Demand: $1,000,000, then $400,000
• Defendant §998 Offer: $150,000, then $300,000 11 days before trial.