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Injury lawsuits increasingly common in schools

BY JORGE BARRIENTOS, Californian staff writer
jbarrientos@bakersfield.com | Saturday, Mar 20 2010 12:04 PM

Last Updated Saturday, Mar 20 2010 12:04 PM

In one case, a Frontier High School student swung a hockey stick in a physical education class. It flew out of his hands and hit another student in the face.

In another, a Centennial High School student fetching a Frisbee climbed a fence, fell off and got hurt.
And in a third, a resident tripped and fell on a raised portion of a sidewalk while taking a stroll outside Highland High School.

All these recent cases led to one thing: a claim against the Kern High School District asking for more than $25,000 in damages. The filers argue negligent supervision is partly to blame for the mishaps; dangerous conditions were cited in the Highland case.

Personal injury claims are the most common complaint filed against schools, districts and employees, and they’re more common these days than years before, lawyers and school officials say.

Some say most of these cases are frivolous, and claim filers are more concerned with money than the well-being of the injured. Others view the lawsuits as a way to protect those hurt.

“As a parent, by law you have to release your kids to the care of the school. And because of that, the school then takes over the role of the parent at the school protecting the kids,” said Ralph Wegis, a veteran local attorney who works on school cases. “Are they doing their job to protect the safety of our children?”

Mike Turnipseed, executive director of the Kern County Taxpayers Association, said he’s concerned about frivolous litigation against public institutions, especially schools.

“(There are) too many attorneys with too much time on their hands,” Turnipseed said. “There are always people looking to stick it to schools.”

HOW CLAIMS WORK

During an after-school exercise at McKinley Elementary School, a teacher was showing students how to do gymnastics maneuvers, according to a recent claim. One girl tried but failed and fractured bones in her right arm.

The student’s parent and lawyer claim district employees failed to properly supervise the student.
By law, guardians of minors who are injured on school grounds and plan to sue must first file a claim with the district. Claims are almost always denied by the district and sent off to Self-Insured Schools of California, an insurance provider that contracts with all Kern County school districts.

An adjuster for SISC investigates and evaluates a case, the damages and any potential liability. Schools do not settle claims merely to stop legal expenses from mounting, Kretzmer said.

“Our primary concern is to serve the school district, and also to be reasonable to the injured party,” said Bob Kretzmer, a SISC adjuster for 30 years.

However, a majority of complaints are settled in the claim stage, Kretzmer said. Less than a quarter result in litigation, and a small fraction of those see a trial by jury. The Kern High School District and Bakersfield City School District — the largest districts in Kern County — are named the most in suits against schools, according to court records.

There has been a slight increase in the number of claims that have become litigated, Kretzmer said.

Historical data suggests districts with an average population of about 7,000 students have anywhere from one to 30 liability claims filed against them each year, Kretzmer said. KHSD has more than 37,000 students; BCSD has more than 27,000.

KHSD has averaged about nine student injury claims a year in recent years, including eight last year, a spokesman said.

SISC personnel were unable to gather claims data for local districts and agencies. It investigates claims for 132 districts and other education agencies statewide, including 53 in Kern.

SETTLING CLAIMS

The amount paid out in cases depends on the severity of the claim. Cases are only settled when they present a case of liability, Kretzmer said.

“We don’t want to settle claims that have no merit,” Kretzmer said. “We don’t want to encourage claims that are false or fraudulent or unnecessary.”

A high-profile injury claim settled in court last year involved a Stockdale High School freshman wrapped in plastic wrap and duct tape in a hotel room during a school trip.

The district, students involved and some parents paid out a total of $260,000. KHSD paid out tens of thousands of dollars.

Kretzmer said a majority of claims he investigates are “legitimate and presented by parents on behalf of their child with reasonable expectations.”

Leonard Herr, an attorney who has represented local school districts for the last 20 years, said the amount plaintiffs ask for in claims has also escalated.

“Sadly I see a lot of cases where the claims are exaggerated or they’re asking for far more than what claims are worth,” Herr said. “People think they’re going to retire from claims.”

Readers expressed concerns in November when parents asked the Bakersfield City School District for at least $19,000 to cover medical bills and emotional damages after their 7-year-old was injured when she fell from school monkey bars.

The parents argued the bars should have had grip tape.

Readers called the case frivolous. 

Injury cases include more than just physical damage, Herr said. Harassment and name-calling can lead to injury suits as well, with emotional distress as the basis.

Employees file injury claims against districts, too. A Boys & Girls Club employee is suing BCSD after a slip-and-fall at Sequoia Middle School. A “foreign substance” was left on the floor, and there was no sign to warn passersby, according to court records. Because of this, it was argued, “BCSD negligently and carelessly maintained the floors.”

Another employee was injured in a bus crash and is asking BCSD to pay for wages lost, hospital and medical bills.

FILING FOR STUDENTS

The most current injury case filed in court against schools involves a student losing a finger in wood shop class. The claim states KHSD failed to equip a table saw with a blade guard. The student lost a right index finger and partially lost other fingers, but the student has also “sustained pain and suffering and emotional distress,” according to court records.

Guardians contacted for this report referred questions to their lawyers. District officials did not wish to comment on the pending cases.

Oren O’Neill, who is representing the mother and daughter in the gymnastics case, said school employees failed to do their job of supervising students.

“Her parents have a duty to follow through with a claim,” O’Neill said. “The parents are quite upset and hurt.”

Wegis said there are two types of school employees — those who take on a parental role and others who see that role as a burden. Many injury cases involve supervisors from the latter group, Wegis said, and they must be held “accountable for their conduct.”

Wegis said regardless of the claim’s basis or motive, justice is always served.

“What happens so much in life is we kind of deal on extremes. We look at lawsuits and say, ‘Frivolous lawsuits’,” Wegis said. “In the end, the justice system on both sides has to appreciate that right decisions are going to be made.”