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How much do you think this case is worth? (CSLG)

This isn't a very large case for me, but it is different tha...
spruce liquid oxygen goal in life
  02/19/18
i'd have some concerns about the case's viability just becau...
Cerebral Knife
  02/19/18
This is a non-issue.
spruce liquid oxygen goal in life
  02/19/18
k
Cerebral Knife
  02/19/18
It's also a failure to treat too.
spruce liquid oxygen goal in life
  02/19/18
how is this a non issue? its 180 that it isn't but this has...
Crawly Irate Trailer Park People Who Are Hurt
  02/19/18
See my comment below about Government Code 815.2. I sue the ...
spruce liquid oxygen goal in life
  02/19/18
...
Crawly Irate Trailer Park People Who Are Hurt
  02/19/18
I'd say 75K imo I'd push it as high as possible to teach...
pale titillating school
  02/19/18
I don't really know from my own experience but I always thou...
Clear national security agency
  02/19/18
I have sued schools a ton of times for premises cases. I set...
spruce liquid oxygen goal in life
  02/19/18
Correctly assume I don't know much about plaintiff's work li...
Clear national security agency
  02/19/18
Thats why u gotta say fuck it like CSG does and just go for ...
pale titillating school
  02/19/18
Why are you thinking $50K?
Clear national security agency
  02/19/18
Scar is small. Client is male. Not really sure on value,...
spruce liquid oxygen goal in life
  02/19/18
the scarring won't be permanent so you better hurry with thi...
soul-stirring orchestra pit
  02/19/18
This is closer to what I was thinking. I don't see any entit...
Clear national security agency
  02/19/18
Right. Also, those burn bubbles don't form right away, so (e...
soul-stirring orchestra pit
  02/19/18
Right. 30 million kids a year burn their hands like that aro...
Clear national security agency
  02/19/18
I wasn't saying it was too little, just unsure of where you ...
Clear national security agency
  02/19/18
I was in a similar incident when I was young - tyrannical te...
pale titillating school
  02/19/18
What would you award?
spruce liquid oxygen goal in life
  02/19/18
Probably figure out whatever that teachers monthly salary is...
pale titillating school
  02/19/18
I had a case in which a middle school girl had a softball si...
Yellow marketing idea
  02/19/18
That's a good result. A woman having a softball sized bald s...
spruce liquid oxygen goal in life
  02/19/18
I agree. I don't do much personal injury law, and that's the...
Yellow marketing idea
  02/19/18
His case has a unique humiliation aspect and more clear-cut ...
Clear national security agency
  02/19/18
cr on the first sentence
disrespectful base
  02/19/18
50K is on the high side. If there's no permanent loss of us...
disrespectful base
  02/19/18
I'd offer 5k
filthy claret nibblets useless brakes
  02/19/18
You've just been defense brainwashed for too long. Once you'...
spruce liquid oxygen goal in life
  02/19/18
Also how old was the kid?
disrespectful base
  02/19/18
Kid was 12. This was middle school.
spruce liquid oxygen goal in life
  02/19/18
Alright, same answer as above. 30K or so max
disrespectful base
  02/19/18
if i am on the jury then 25K~30K MAX. this is not a permanen...
aromatic mad cow disease
  02/19/18
Aboput 80k if played right.
flushed roommate lay
  02/19/18
You're on the jury.
spruce liquid oxygen goal in life
  02/19/18
In SC, I'd say settlement value between 30-50. I'd be nervo...
cerise step-uncle's house gaming laptop
  02/19/18
I'm offering 20k on a broken leg case
filthy claret nibblets useless brakes
  02/19/18
Ya, but you paid me $13,500 on a bullshit car accident case ...
spruce liquid oxygen goal in life
  02/19/18
Insurance companies don't seem to differentiate or care betw...
filthy claret nibblets useless brakes
  02/19/18
I know right. Or else most PI attorneys would be out of busi...
spruce liquid oxygen goal in life
  02/19/18
whats occurring in this subthread
black jet-lagged faggot firefighter
  02/19/18
What do u mean friend
filthy claret nibblets useless brakes
  02/19/18
It's a 50/50 case but I think I could defense liability if I...
filthy claret nibblets useless brakes
  02/19/18
I'm relatively right leaning and would have given the old gu...
Razzmatazz pozpig
  02/19/18
Yeah, for discussion purposes only (I am not a PI guy) it so...
pontificating station sweet tailpipe
  02/19/18
no immunity for public school teachers?
vibrant mewling quadroon
  02/19/18
Lol, no. As long as you file a government claim within 6 mon...
spruce liquid oxygen goal in life
  02/19/18
Do you get a jury?
crusty meetinghouse persian
  02/20/18
Yes.
spruce liquid oxygen goal in life
  02/20/18
50 grand is not crazy but it's more than I would probably a...
Confused National
  02/20/18
The teacher separated him from the class during projects aft...
spruce liquid oxygen goal in life
  02/22/18


Poast new message in this thread



Reply Favorite

Date: February 19th, 2018 3:05 PM
Author: spruce liquid oxygen goal in life

This isn't a very large case for me, but it is different than the run of the mill car accident I do. Curious as to your guys value on it. I am thinking around 50K but I'm not really sure. He treated with a psych 5 times and I have a really good report from them. General gist is that the school let kids use hot glue guns without training/supervision, and then he was not properly treated when he ended up getting injured. School compounded emotion distress by retaliating against him.

Here is a portion of the demand letter draft (so don't complain about grammar/quality of prose) I am working on. Photos of the hand are at the bottom:

"On October 18, 2017, our client, REDACTED, was in 5th period science lab building an “egg drop” project. As part of the process, the teacher asked the children to bring glue guns from their homes. The teacher did not instruct the children on what type of glue guns to bring, the safety procedures to be used when handling glue guns, or what to do in the event that an injury occurred with the glue guns. The teacher also failed to properly supervise the children while the glue guns were being used.

Consequently, during the project, our client, REDACTED was burned by hot glue. The glue in the gun was heated 20 degrees above the temperature considered safe for use. He immediately felt intense pain and attempted to run cold water over the site of the burn. He noticed burns on his hand and asked his teacher for permission to go to the nurse. He then asked his teacher to go and see the nurse but she refused to let REDACTED leave the class. REDACTED, still in an immense amount of pain, asked his teacher again to which she further denied a second time. Finally, the teacher let REDACTED go to the nurse’s office but would not write REDACTED a note.

When REDACTED reached the nurse’s office, the nurse refused to treat him and told him to go back to his classroom because he did not have a note, even though there were visible burns on his hand. After pleading with the nurse for aid, the nurse finally provided him with a frozen paper towel. By the time he returned to class, the paper towel was no longer frozen. During passing period, REDACTED once again went to the nurse’s office for help. Once again, he was given a frozen paper towel and turned away. Because of this visit he was late to his next class. However, the nurse refused to give a tardy slip to REDACTED.

When his mother finally picked him up from school she immediately took him to the emergency room to exam. He was diagnosed with second degree burns, and the physicians were surprised that REDACTED had not received immediate medical care. It was also learned later that other students had been burned by the glue guns, and at least one other student had had his fingers glued together.

As a result of the prolonged lack of treatment on REDACTED’s hand and the negligence of the nurse and teacher not treating his burns right away, REDACTED suffered permanent scarring on his right hand. According to Dr. Dardashti, a cosmetic surgeon, the burns were classified as 2nd degree burns on the dorsal aspect of his right hand and right 5th digit. He also noted that there is a high possibility that these scars will be permanent.

Because of the severity of the burns and the trauma REDACTED went through, he sought out a psychologist who evaluated the troubling situation he went through. At the time of the initial evaluation with Dr. Susan Ashley, REDACTED listed eighteen separate physiological complaints. To name a few, they include intrusive memories of the burn, fears of re-injury, feelings of guilt or shame, feelings of detachment from others, anxiety, anger, and low irritable moods. This accident was nothing short of traumatic to REDACTED. He not only has permanent, unappealing scars, but has suffered residual, negative psychological events that he has yet to fully recover from.

Just as concerning as his scars are the psychological damage REDACTED suffered. The teacher who caused the incident to begin with made comments about the incident to her class and to other sections of the science class attended by REDACTED’s friends. The teacher told other students that REDACTED burned himself on purpose and that the students had to receive “Glue Safety Sheets” because “someone burned themselves.”

This caused students to make fun of and harass REDACTED. Some students asked REDACTED if he burned himself on purpose. Other students told him he was dumb and that he could not handle a glue gun. Other students yet told him that they received bad grades because of him. This made REDACTED feel like everyone was blaming him and that it was his fault for being injured. Moreover, his teacher and the school barred REDACTED from working on further projects in science class. This isolated him from his friends and classmates and compounded the emotional suffering he felt as a result of this incident. Finally, the way he was treated by the school and his teacher after the incident has left him afraid of ever returning to the school nurse again in the event of an emergency"

Photos of injury: https://imgur.com/a/oaeHe



(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438072)



Reply Favorite

Date: February 19th, 2018 3:14 PM
Author: Cerebral Knife

i'd have some concerns about the case's viability just because public school teachers, nurses, admins etc. generally have pretty strong immunity and liability shields when acting in official capacity.

i worked on an appeal in a similar case. student was injured in a chemistry lab accident and sustained some significant injuries. school won MSJ at trial court and state intermediate appellate court affirmed. there was a safety manual in place for the class and they didn't buy our "failure to supervise" argument and we also argued injury compounded because teacher failed to follow non-discretionary protocol after the injury took place, but court found her response to reasonably fall under teacher's discretion to handle a classroom injury and thus she had absolute immunity.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438135)



Reply Favorite

Date: February 19th, 2018 3:15 PM
Author: spruce liquid oxygen goal in life

This is a non-issue.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438146)



Reply Favorite

Date: February 19th, 2018 3:17 PM
Author: Cerebral Knife

k

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438160)



Reply Favorite

Date: February 19th, 2018 3:20 PM
Author: spruce liquid oxygen goal in life

It's also a failure to treat too.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438175)



Reply Favorite

Date: February 19th, 2018 3:57 PM
Author: Crawly Irate Trailer Park People Who Are Hurt

how is this a non issue? its 180 that it isn't but this has immunity written all over it.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438419)



Reply Favorite

Date: February 19th, 2018 6:00 PM
Author: spruce liquid oxygen goal in life

See my comment below about Government Code 815.2. I sue the government all the time and settle cases no problem. You just have to know how to plead these cases the right way. I've sued LADWP, LA Community College District, LAUSD, the City of Calabasas, the City of Norwalk, etc.

http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35439064

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35439239)



Reply Favorite

Date: February 19th, 2018 3:51 PM
Author: Crawly Irate Trailer Park People Who Are Hurt



(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438370)



Reply Favorite

Date: February 19th, 2018 3:07 PM
Author: pale titillating school

I'd say 75K imo

I'd push it as high as possible to teach those school district pieces of shit to behave like tyrants.

Punish the teachers in this case.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438089)



Reply Favorite

Date: February 19th, 2018 3:14 PM
Author: Clear national security agency

I don't really know from my own experience but I always thought it was considered risky to fuck with schools of any sort and at least in CA they have kind of a pseudo-specialized plaintiff's bar.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438129)



Reply Favorite

Date: February 19th, 2018 3:14 PM
Author: spruce liquid oxygen goal in life

I have sued schools a ton of times for premises cases. I settled a case for 200k against a community college once.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438139)



Reply Favorite

Date: February 19th, 2018 4:19 PM
Author: Clear national security agency

Correctly assume I don't know much about plaintiff's work like this - you're mostly talking about people suing schools because they hurt themselves somewhere around the facilities right? Seems like misconduct by school staff is a little elevated in terms of complexity and the reaction your'e going to get from the defendant. How are you seriously going to allege failure to supervise or is there some kind of clear statutory liability for kids getting hurt in classrooms?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438595)



Reply Favorite

Date: February 19th, 2018 3:16 PM
Author: pale titillating school

Thats why u gotta say fuck it like CSG does and just go for that max paper

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438151)



Reply Favorite

Date: February 19th, 2018 3:13 PM
Author: Clear national security agency

Why are you thinking $50K?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438119)



Reply Favorite

Date: February 19th, 2018 3:14 PM
Author: spruce liquid oxygen goal in life

Scar is small. Client is male.

Not really sure on value, which is why I'm asking here. Trying to see what the average person thinks.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438130)



Reply Favorite

Date: February 19th, 2018 3:24 PM
Author: soul-stirring orchestra pit

the scarring won't be permanent so you better hurry with this one. I've had similar burns in my 30s, when the skin does not regenerate nearly as well as when you're a teen, and the scars are fully gone after about 6-8 months.

you can start with a 50k demand, but I think ~$20-25k is more like what you might get.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438202)



Reply Favorite

Date: February 19th, 2018 3:32 PM
Author: Clear national security agency

This is closer to what I was thinking. I don't see any entity bending over for $50K+. They'll pay but not that much. This is normal childhood shit no matter how many sources of emotional distress the corrupt psych eval identifies.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438263)



Reply Favorite

Date: February 19th, 2018 3:38 PM
Author: soul-stirring orchestra pit

Right. Also, those burn bubbles don't form right away, so (even though we all recognize the teacher was a dick) the teacher may not have been aware of the severity of the burn at least in the first instance when it probably just looked like a red patch.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438305)



Reply Favorite

Date: February 19th, 2018 3:42 PM
Author: Clear national security agency

Right. 30 million kids a year burn their hands like that around campfires and their parents are like "shut up, dump some water on it, and go to bed." And they're fine. Doesn't mean the school wants to defend the case but I think PI guys get too deep into the world of corrupt medical experts and all the chest-beating negligence language they trade in. The kid is fucking fine and everyone knows its just a windfall for the parents and that will limit how seriously anyone is willing to treat the claim.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438336)



Reply Favorite

Date: February 19th, 2018 3:29 PM
Author: Clear national security agency

I wasn't saying it was too little, just unsure of where you even start.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438249)



Reply Favorite

Date: February 19th, 2018 3:18 PM
Author: pale titillating school

I was in a similar incident when I was young - tyrannical teacher treated me like garbage when I needed help. Happened more than a few times honestly.

When your young and in pain you need help, you don't need to get basically tortured for hours being given a runaround.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438162)



Reply Favorite

Date: February 19th, 2018 3:20 PM
Author: spruce liquid oxygen goal in life

What would you award?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438172)



Reply Favorite

Date: February 19th, 2018 3:26 PM
Author: pale titillating school

Probably figure out whatever that teachers monthly salary is, then, multiply that by each hour the kid had to suffer and then maybe double or triple that till you get to a good number.

Lets say the teacher is making 6-7k a month, the kid suffered for five hours that is 30k-35k and then double or treble given the disgusting behavior exhibited in the aftermath.

I think it is more of a punitive issue vs pain and suffering. The lesson to the teacher and school is simple: Don't torture school kids who hurt themselves with BS.

Teachers that freak about order and power are usually closet nutcases and control freaks. Give them the slightest bit of power over others and they turn into disgusting PIGS, making people march about and dance to their exacting whims.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438213)



Reply Favorite

Date: February 19th, 2018 3:31 PM
Author: Yellow marketing idea

I had a case in which a middle school girl had a softball sized patch of hair ripped out by a teacher during a botched classroom demonstration. The situation itself was mortifying to the girl, it was painful, her peers mocked her noticeable bald spot and refused to sit near her at lunch, she was too embarrassed to swim (which was her favorite sport), and there was the risk (but not a certainty) that the hair would not have the same texture or strand thickness when it fully grew back or would have problems in the future. A hair transplant expert prepared a report to that effect.

We settled at pre-litigation mediation for $140,000.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438257)



Reply Favorite

Date: February 19th, 2018 3:33 PM
Author: spruce liquid oxygen goal in life

That's a good result. A woman having a softball sized bald spot is not the same as a boy having a 4 inch scar on his hand though. I just don't see a jury giving 140k on something like this and I tend to overestimate damages. But I could be wrong.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438271)



Reply Favorite

Date: February 19th, 2018 3:34 PM
Author: Yellow marketing idea

I agree. I don't do much personal injury law, and that's the closest situation I could come up with.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438279)



Reply Favorite

Date: February 19th, 2018 3:39 PM
Author: Clear national security agency

His case has a unique humiliation aspect and more clear-cut misconduct by the teacher.

Your client kid might be a sperg chronic trouble-maker that needs to go to the bathroom or see the nurse 20 times every class period and every kid in there was screeching and yelping about the hot glue. The teacher probably has a dozen kids a year claim they 'burned' themselves and the nurse deals with it too.

I'm not a plaintiff's attorney, obviously, but your kid got a modest burn on his hand and the school staff were assholes to him. Doesn't scan like a big one on those facts alone.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438312)



Reply Favorite

Date: February 19th, 2018 3:40 PM
Author: disrespectful base

cr on the first sentence

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438322)



Reply Favorite

Date: February 19th, 2018 3:32 PM
Author: disrespectful base

50K is on the high side. If there's no permanent loss of use to the hand, you're left with the pain in the aftermath and the teasing that came later. Neither is permanent nor are they a big deal.

Teacher and nurse were assholes though. Tough to get to 50K but I'd definitely give 20-30.

I'm a lawyer though so not the kind of person you'd have on the jury

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438264)



Reply Favorite

Date: February 19th, 2018 3:35 PM
Author: filthy claret nibblets useless brakes

I'd offer 5k

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438284)



Reply Favorite

Date: February 19th, 2018 4:58 PM
Author: spruce liquid oxygen goal in life

You've just been defense brainwashed for too long. Once you've been doing PI a while you'll change your tune.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438873)



Reply Favorite

Date: February 19th, 2018 3:36 PM
Author: disrespectful base

Also how old was the kid?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438287)



Reply Favorite

Date: February 19th, 2018 3:52 PM
Author: spruce liquid oxygen goal in life

Kid was 12. This was middle school.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438377)



Reply Favorite

Date: February 19th, 2018 4:00 PM
Author: disrespectful base

Alright, same answer as above. 30K or so max

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438433)



Reply Favorite

Date: February 19th, 2018 3:42 PM
Author: aromatic mad cow disease

if i am on the jury then 25K~30K MAX. this is not a permanent injury and there was no serious misconduct or gross negligence

I would still award some damages just bcos the nurse didn't help him after seeing the burn when she saw him the first time



(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438337)



Reply Favorite

Date: February 19th, 2018 3:55 PM
Author: flushed roommate lay

Aboput 80k if played right.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438401)



Reply Favorite

Date: February 19th, 2018 4:58 PM
Author: spruce liquid oxygen goal in life

You're on the jury.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438869)



Reply Favorite

Date: February 19th, 2018 3:58 PM
Author: cerise step-uncle's house gaming laptop

In SC, I'd say settlement value between 30-50. I'd be nervous at trial on that one, as liability will surely be contested, and a bad jury could no-cause you on that.

Also there may be a danger of a meds-only award. That a wussy little kid is boo-hooing his ouchey doesn't deserve money, etc., that kind of thinking. Keep in mind I'm cheering for you and I sue our local schools all the time.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438421)



Reply Favorite

Date: February 19th, 2018 4:10 PM
Author: filthy claret nibblets useless brakes

I'm offering 20k on a broken leg case

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438510)



Reply Favorite

Date: February 19th, 2018 4:57 PM
Author: spruce liquid oxygen goal in life

Ya, but you paid me $13,500 on a bullshit car accident case where my client allegedly treated in Egypt lol. So that broken leg case must have some serious issues.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438865)



Reply Favorite

Date: February 19th, 2018 5:01 PM
Author: filthy claret nibblets useless brakes

Insurance companies don't seem to differentiate or care between legitimate and fake injuries.

Your case was worked up better than most small impact cases from the bills I had.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438901)



Reply Favorite

Date: February 19th, 2018 5:03 PM
Author: spruce liquid oxygen goal in life

I know right. Or else most PI attorneys would be out of business. How is your client only offering 20k though?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438911)



Reply Favorite

Date: February 19th, 2018 5:16 PM
Author: black jet-lagged faggot firefighter

whats occurring in this subthread

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438988)



Reply Favorite

Date: February 19th, 2018 5:20 PM
Author: filthy claret nibblets useless brakes

What do u mean friend

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35439008)



Reply Favorite

Date: February 19th, 2018 5:18 PM
Author: filthy claret nibblets useless brakes

It's a 50/50 case but I think I could defense liability if I tried it. its the head guy in claims making the decision. He doesn't know I'm leaving

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35439000)



Reply Favorite

Date: February 19th, 2018 5:14 PM
Author: Razzmatazz pozpig

I'm relatively right leaning and would have given the old guy you mentioned who slipped at Macy's $0 or something nominal. But on this one I'd probably give something decent-- $25K+. Teachers, many of whom are lazy, become desensitized to children going through stuff like this, but jurors will see a hurt little kid and will find the whole "didn't have a note" thing angering.

Having kids bring in glue guns is idiotic. Not sending him to the nurse is callous. The scar picture is decent enough, although who knows if it heals.

Dont school districts publicly disclose settlements like this such that you could see what this district and others are paying out for things?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438975)



Reply Favorite

Date: February 19th, 2018 5:27 PM
Author: pontificating station sweet tailpipe

Yeah, for discussion purposes only (I am not a PI guy) it sounds pretty weird that a school would let kids bring in their own glue guns. What if someone had a specialized glue gun that gets hotter than others, or one with a crack so that hot glue can ooze out? And then not instruct anyone on safety? Seems really weird and not in keeping with all the stuff schools don't do anymore because of lawsuits. And then the callousness on top of that... I assume evidence of the kids general classroom behavior would not be admissible (although I may be way off base) so you're left with a kid with second degree burns being handed off from one incompetent employee to another. Who the fuck cares if the kid has a note, when he has hot glue on his arm? Jesus.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35439042)



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Date: February 19th, 2018 5:18 PM
Author: vibrant mewling quadroon

no immunity for public school teachers?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438996)



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Date: February 19th, 2018 5:31 PM
Author: spruce liquid oxygen goal in life

Lol, no. As long as you file a government claim within 6 months and as long as you plead Government Code 815.2 and that they violated some statutory regulation (for example the vehicle code, or the civil code, government code, etc), then they have no defense of immunity. You can't just plead simple negligence.

See Government Code 815.2 "A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative."

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35439064)



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Date: February 20th, 2018 8:24 AM
Author: crusty meetinghouse persian

Do you get a jury?

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35443565)



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Date: February 20th, 2018 8:35 AM
Author: spruce liquid oxygen goal in life

Yes.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35443593)



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Date: February 20th, 2018 9:07 AM
Author: Confused National

50 grand is not crazy but it's more than I would probably award. I agree with Refunk – the damages here come from showing that the nurse and teacher acted like jerks, it's a punitive case. It's not about the severity of your clients injuries it's about protecting the next student who might have more severe injuries.

If anything the evidence of psychiatric treatment would probably make me more likely to zero him out. I would think this kid is just a whiner or he's trying to milk it. There is zero reason anyone should have to go to a psychiatrist over that kind of a burn.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35443678)



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Date: February 22nd, 2018 11:37 AM
Author: spruce liquid oxygen goal in life

The teacher separated him from the class during projects after this, she told the other students that things were worse now because of him, kids made fun of him and called him stupid. I think you forgot how brutal middle school can be if you're picked up.

(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35460461)