The Glendale Unified School District is facing a lawsuit filed by a girl who claims to have fainted during a Christmas holiday recital due to performing in hot conditions. The incident occurred in 2017 when the girl was 10 years old and studying at Benjamin Franklin Elementary School. As a result of her fall, she suffered a head injury, chipped teeth, and needed stitches to close a laceration.
The lawsuit alleges negligent supervision of students at the K-6 campus. The case went to trial after Los Angeles Superior Court Judge Cherol Nellon denied the motion to dismiss brought by the district.
In her ruling, Judge Nellon stated that both sides presented mostly hearsay evidence in their arguments. She pointed out that the district failed to provide crucial information such as the number of supervisors present, the indoor temperature, and their awareness of the plaintiff’s health issues. Without this information, it was difficult for the court to determine if the defendant acted reasonably.
In defense, the district’s attorney claimed that the fainting incident occurred in winter and that there was no history of similar incidents during rehearsals in the auditorium. They argued that while accidents may happen, it doesn’t necessarily mean the teaching staff was at fault or could have predicted the outcome.
The lawsuit alleges that the students were made to stand closely together for nearly an hour in hot and congested conditions, which the plaintiff’s attorneys argue was unsafe and a deviation from the standard of care. They also claim that no instructions were given to the children on how to cope with the heat and exhaustion.
The plaintiff’s attorneys described how the girl felt overheated and fainted during the rehearsal. She eventually regained consciousness, but the school nurse and receptionist did not see the need to call 911. The girl’s mother, feeling anxious about her daughter’s injuries, eventually called for an ambulance after a discussion with the nurse.
During the actual recital, the plaintiff was allowed to sit when not singing, which was different from the rehearsal. The trial for this case is scheduled for August 29.
Denial of responsibility! VigourTimes is an automatic aggregator of Global media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, and all materials to their authors. For any complaint, please reach us at – [email protected]. We will take necessary action within 24 hours.
