This case involves a severe injury to a child while he was participating in an after school activity on school grounds. The cheerleading squad, in an effort to raise money promoted an after school program for younger children.
Our client was left at the school by his mother in the belief that there would be adequate supervision. In fact when she saw that there were many children and few “trained” adults she questioned a member of the school staff and offered to stay to assist. Her offer was turned down.
Only a few minutes after leaving her son she received a call that there had been an injury. As it turned out, unsupervised horse play in an area where the floor had just been washed resulted in the young child suffering a severe fracture of femur (thigh bone).
The child required surgery and he was confined to a hospital bed with his leg held together by a device called an external fixator, a system of metal braces on the outside of his leg that is literally drilled into the bones to maintain the length of the injured leg bone. His medical bills were tens of thousands of dollars.
Our law firm was hired by his mother and litigation was commenced against the school. The case was settled before trial and the settlement was approved by a judge of the superior court.