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| Disposition:
(Settlement/Arbitration/Trial) |
Trial |
Date: |
9/15/1988 |
Type of Case: |
Other |
Allegation(s): |
Wrongful Death of Teenager |
Result: |
$400,000 |
Case Name: |
Espino-Diaz v. Sweetwater Union High School
District |
Facts: |
On
April 23, 1983, 16-year-old Arturo Espino
was performing a state mandated physical performance
test at Sweetwater High School.
He was involved in the six-minute jog/walk
when he complained of leg cramps and exhaustion
to friends and sat down on the infield grass
of the football field and running track. According
to an eyewitness, when the test was over and
the students were heading in, Arturo was still
sitting up on the football field. Defendant's
employee, a substitute P.E. teacher, either
saw Arturo and noted nothing unusual about
him or did not see him and proceeded in to
open the locker room without him. Arturo was
subsequently discovered approximately 15 to
20 minutes later, by a friend who shared a
locker, unconscious and not breathing. After
being advised that there was a student on
the field who was unconscious and not breathing,
the school nurse proceeded to wheel a wheelchair
to the site and also stopped to make a phone
call to see that the paramedics were called
to the scene. The evidence indicated that
the fire department arrived within minutes
after notification.
The California Physical Performance Test which
Arturo Espino was performing at Sweetwater
High School had procedural policies
(disputed by defendant) and suggestions set
forth in a manual. According to this manual
which was referred to by the California Administrative
Code, only ten students were to be performing
this test at a time, only two tests were to
be administered on any one day, and there
was a specific warning to the teacher administering
the test to watch for signs of poor reaction
to exercise, and specifically advised of the
danger involved in attributing poor reaction
to poor pupil attitude until physical causes
have been ruled out.
Artura Espino died.
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| Injury/Injuries: |
Wrongful death. Funeral and burial expenses of $1750. Arturo had contributed approximately $900 per year to the family and intended to continue helping his family as he went on through school.
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| Contentions: |
The
parents of Arturo contended there were 25-60
students performing the test, that there were
at least three different tests being performed
during the period supervised by three P.E.
teachers, and that the supervision was inadequate.
Plaintiffs further contended that Sweetwater
High School nurse, with knowledge
that she was the only person on campus who
was CPR trained, failed to react promptly
to an emergency situation. The parents further
contended that had Arturo received CPR within
six minutes of entering ventricular fibrillation,
he would have survived.
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| Special Notes: |
Both of
plaintiffs' experts, Dr. Boyer and Dr.
Waldman, testified that a person such
as Arturo was extremely easy to resuscitate
once that person receives CPR. Dr. Boyer
testified that Arturo had an 80-90% chance
of survival had he received CPR within
six minutes of his entering ventricular
fibrillation. Dr. Waldman testified that
Arturo's chances of survival would have
been greatly improved.
<
back to Other Legal Cases involving
Medical Malpractice, Negligence and Wrongful
Death from The Law Offices of
Robert Vaage and www.vaagelaw.com |
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