School District Negligent For Not Following IEP

Smith v. Reynolds School District, Multnomah County Case No. 14CV05314

Plaintiff Smith was a student in the fifth grade at Margaret Scott Elementary School.  He suffers from Muscular Dystrophy. Defendant school district signed an Individualized Education Plan (IEP) which directed that Smith have close standby supervision while walking. The reason for the IEP was the understanding that in Smith’s condition, a fall could cause a leg fracture which might prevent him from ever walking again. Approximately one month after the IEP was implemented, Smith fell while walking to his desk and fractured his femur. Smith has not walked since. Plaintiff claims that the district was negligent for not following the IEP and offering close standby supervision. Plaintiff sought $800,000 in non-economic damages.

Defendant denied liability and asserted comparative negligence and that Plaintiff failed to mitigate his damages.

Plaintiff’s Counsel – Greg Kafoury

Defense Counsel – John Stellwagen and Haley Percell

Verdict – $800,000.00

Date – September 4, 2015

September 16, 2015

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