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LASC Grants Motion for Summary Judgment in Negligent Supervision / Civil Rights Case

October 11, 2013

LASC Grants Motion for Summary Judgment in negligent supervision / civil rights case against local Charter school in a case handled by Michael B. Lawler, Lisa D. Angelo and Abraham Berger.

On April 22, 2010, a student was attacked by another student during school hours and in-between class periods. In a lawsuit filed by the injured student against the school nearly a year later, Plaintiff alleged numerous causes of action including assault and battery as to the student attacker, intentional infliction of emotional distress as to the Director of the school, negligent supervision and premises liability as to the school and Violtation of California's Unruh Act and sexul harassment in violation of California's Education Code 200 as to all defendants. After two years of litigation and numerous motions, Judge Teresa Beaudet of Department 92 granted defendant's motion for summary judgment on the two remaining counts - negligent supervision and Violation of Education Code 200 - sexual harassment. The court held that defendant met its initial burden on summary judgment as it provided competent evidence the the attack was not foreseeable and an expert declaration containing several opinions that showed the school complied with all its policies and procedures, had a sufficient student to teacher / staff ratio on campus the day the incident occurred and met or exceeded the requisite standard of care for schools of simiar size and configuration on the day the incident occurred. The court further found that Plaintiff's opposition to Defendant's motion did not show that a triable issue of material fact existed as to any of the remaining claims as the only disputed facts noted were not "material" and because the court sustained Defendant's objection to Plaintiff's expert declaration as it was not supported by a CV and it did not contain any information about his qualifications.