Tom Paradise and Lauren Stone (Broward/Ft. Lauderdale, FL) (Negligent Supervision) obtained a defense verdict in favor of the Broward County School Board. Plaintiff was a student at Blanche Ely High School when she was attacked by a group of students in December 2007. As a result of the incident, Plaintiff brought an action against the School Board of Broward County, Florida, under a theory of negligent supervision and against the individual students for assault and battery. A default judgment was entered against the students for their failure to respond to Plaintiff’s Complaint. As a result of the incident Plaintiff suffered multiple hematomas and contusions to her facial and torso area as well as alleged loss of vision. Plaintiff was also diagnosed with Post Traumatic Stress Disorder (PTSD).
Plaintiff utilized three experts to establish damages. During cross examination it was pointed out to the jury that Plaintiff’s PTSD symptoms were questionable and, given that the Plaintiff experienced other traumatic episodes in her life, Dr. Tarafdar could not distinguish the subject event being the potential cause of the alleged PTSD over another. Plaintiff also retained a vocational rehabilitation consultant, Ira Morris, who opined that as a result of the attack Plaintiff had a loss of future earning capacity. Mr. Morris testified that Plaintiff’s economic damages totaled $95,000. Roderick Moe, Plaintiff’s third retained expert, is an economist who testified that the present value of Plaintiff’s economic damages totaled $140,000. Plaintiff’s counsel requested $280,000 for all damages.
The jury returned a verdict in favor of the School Board of Broward County, Florida, finding that they were not negligent. The jury awarded $6,910 for loss of personal property and past medical expenses against the defaulted perpetrators. The School Board has a motion pending for attorney’s fees and costs from an expired Proposal of Settlement.