The Glendale Unified School District is currently facing a lawsuit filed by a girl who claims to have fainted due to being required to perform in hot conditions during a Christmas holiday recital in 2017.
On May 17, Los Angeles Superior Court Judge Cherol Nellon heard arguments regarding the district’s motion to dismiss the plaintiff’s case. After reviewing the evidence, the motion was denied on June 26.
The incident occurred when the girl, who was a 10-year-old student at Benjamin Franklin Elementary School at the time, fell unconscious and injured herself while descending the stage steps on December 8, 2017. She suffered a head injury, chipped teeth, and a laceration that required 16 stitches.
The lawsuit alleges negligent supervision of students at the K-6 campus by the school administration.
In her ruling, Judge Nellon stated that both parties presented mostly hearsay deposition evidence to support their arguments. She further noted that the district failed to provide crucial information, such as the number of supervising adults, indoor temperature, and the defendant’s knowledge of the plaintiff’s health issues, making it difficult to determine if the district acted reasonably.
An attorney representing the district argued in court documents that the fainting incident occurred in winter and that there was no history of similar incidents during rehearsals in the auditorium.
According to the lawsuit, students were required to stand closely together for nearly an hour in hot and congested conditions before rehearsing in the school auditorium. The plaintiffs’ attorneys argue that this practice was unsafe and deviated from the standard of care.
The suit also alleges that no instructions were provided to the children on how to cope with heat and exhaustion. It claims that the plaintiff fell and landed face first shortly after experiencing extreme overheating and fainting. The girl eventually regained consciousness, but the school nurse and receptionist did not deem it necessary to call 911.
After a tense discussion with the nurse, the girl’s mother decided to call 911, and paramedics confirmed that it was the right course of action. Unlike during rehearsals, the plaintiff was allowed to sit when not singing during the actual recital.
The trial for this lawsuit is scheduled for August 29.
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