$18.4 Million Negligent Supervision Settlement

On March 1, 2007, plaintiff Roque Renteria, 14, a ninth-grade student, was told to run laps with the rest of his high school track team during an afternoon practice. About 10 students and he gathered on the field, and a senior student began wrestling with Roque. The senior then wrestled with another student before resuming wrestling with Roque.

It was picture day, and at the time, two coaches were in the stands with the girls track team. Meanwhile, a substitute teacher was on the field, within eyesight and earshot of the horseplay.

As Roque and the senior wrestled, other students stood nearby, laughing and yelling at the horseplay. Eventually, the senior lifted Roque off the ground, pointed his head toward the ground and drove his head into the turf. The incident rendered Roque a C5-6 quadriplegic.

Roque, by and through his guardian ad litem Eduvina Renteria, sued the school district for negligent supervision, alleging that the school officials failed to intervene with the fight.

Plaintiff's counsel obtained a video of the event from a student who used his cell phone.

The school district contended that this was a sudden, unexpected incident, and that there was insufficient time to intervene.

Defense counsel also argued that the student who wrestled with Roque was negligent, and that Roque was comparatively at fault for participating in the activity.

The case eventually settled for $18.4 Million.

Of the recovery, $11.4 million went to a single-premium, tax-free annuity, while \$136,000 went to hospital and medical bills.

(Courtesy of VerdictSearch.com)

Scott Drake talks with Roque's attorney...Stanley Jacobs at Jacobs & Eisfelder in Los Angeles.