Preview
DAVID W. GERMAN, State Bar No. 252394
1 VANAMAN GERMAN LLP
14001 Ventura Boulevard
2 Sherman Oaks, CA 91423
Telephone: (818) 990-7722
3 Facsimile: (818) 501-1306
dgerman@vanamangerman.com
4
Attorneys for J.N.
5
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
8 COUNTY OF LOS ANGELES
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10 J.N., a minor, by and through her guardian ad Case No.:
litem, JAKARIN NIMDEELERT,
11
COMPLAINT FOR DAMAGES FOR:
VANAMAN GERMAN LLP
12 Plaintiff,
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 v. 1. Negligence
2. Negligent Hiring, Training,
14 Supervision, and Retention
HACIENDA LA PUENTE SCHOOL 3. Negligent Supervision
DISTRICT, a local educational agency, and
15 4. Unsafe Conditions
DOES 1 through 20, inclusive,
16
Defendants.
17
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Plaintiff J.N. (“J.N.” or “Plaintiff”), by and through her guardian ad litem, JAKARIN
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NIMDEELERT, hereby complains against Defendants HACIENDA LA PUENTE SCHOOL
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DISTRICT, a local educational agency (“HLPSD” or “District”), and DOES 1 through 20
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(collectively “Defendants”), and alleges as follows:
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GENERAL ALLEGATIONS
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NATURE OF ACTION
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1. The HACIENDA LA PUENTE SCHOOL DISTRICT was aware that J.N.
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requires assistance walking. Regardless DISTRICT did not provide walking assistance to J.N.
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to protect J.N. from falling because it disregarded her on the basis of her disabilities. It failed to
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protect her in the same manner that it would protect “typical” students. DISTRICT had
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previously acknowledged that J.N. can not walk in a straight line. Despite their knowledge that
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 J.N. was particularly vulnerable to falling, DISTRICT failed to properly supervise and protect
2 her. As a result of their negligent supervision, J.N. tripped, fell, and suffered numerous injuries
3 on DISTRICT property. As a result, Plaintiff brings the following causes of action against
4 Defendants for the substantial injuries she sustained: negligence; negligent hiring, training,
5 supervision, and retention; and negligent supervision.
6 PARTIES
7 2. Plaintiff J.N. is a citizen of California and resides in Hacienda Heights, CA.
8 JAKARIN NIMDEELERT is J.N.’s father.
9 3. Defendant HACIENDA LA PUENTE SCHOOL DISTRICT is a California local
10 educational agency. It is a public entity duly incorporated and operated under California law as
11 a school district.
VANAMAN GERMAN LLP
12 4. The true names and capacities, whether individual, corporate, associate, or other,
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 of Does 1-20 are unknown to Plaintiff, who therefore sues these defendants by such fictitious
14 names. Plaintiff alleges that each Doe defendant is legally responsible in some manner for the
15 events and happenings referred to herein and will ask leave of this court to insert their true
16 names and capacities when they become known.
17 JURISDICTION AND VENUE
18 5. This Court has personal jurisdiction over Defendants because all Defendants
19 reside in California.
20 6. Venue is proper in this judicial district, pursuant to California Code of Civil
21 Procedure § 395.5. The amounts in controversy exceed this Court’s jurisdictional minimum.
22 ADMINISTRATIVE EXHAUSTION
23 7. Pursuant to California Government Code section 900 et seq., Plaintiff presented
24 her claim for damages to HLPSD on August 8, 2023, within six months of the acts and
25 omissions alleged herein.
26 8. Defendant HLPSD rejected Plaintiff’s claims on October 12, 2023. This filing is
27 within six months of October 12, 2023 and is therefore, timely under California Government
28 Code section 945.6.
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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2 GENERAL FACTS
3 9. J.N. lives with her father JAKARIN NIMDEELERT.
4 10. She has qualified special education services on the bases of Autism since 2010
5 and Intellectual Disability since 2015.
6 11. J.N. has a history of mobility issues including locomotor skills deficits and gross
7 motor skills deficits. She continues to have mobility issues and requires support and supervision
8 while walking.
9 12. Since early grade school J.N. has attended Advanced Physical Education (APE)
10 classes due to her motor skills deficits. In a triennial evaluation completed on January 7, 2020,
11 J.N.’s loco and gross motor skill levels had “not improved much” in the 3 years since the prior
VANAMAN GERMAN LLP
12 evaluation. DISTRICT has been aware since at least 2017 that J.N. has mobility issues and
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 requires assistance, yet no meaningful actions were taken to protect and support J.N.
14 DISTRICT failed to assess J.N. in a timely manner and provide appropriate supports and
15 services.
16 13. J.N. began attending WORKMAN HIGH SCHOOL (“WORKMAN”) in
17 approximately 2021.
18 14. J.N. currently attends WORKMAN. J.N. During the 2022-2023 school year, J.N.
19 attended WORKMAN.
20 15. J.N. was born in January of 2007. At the beginning of the 2022-2023 school
21 year, she was 15 years old. In January of 2023, J.N. turned 16 years old.
22 J.N. FELL ON DISTRICT PROPERTY
23 16. On approximately February 8, 2023, J.N. tripped and fell on District property
24 during school hours at WORKMAN. J.N. fell forward and hit her face on the ground, knocking
25 out one tooth and damaging several others. J.N. Also suffered other injuries including a cut
26 above her eyebrow and bruising on her lips. The fall was observed by a DISTRICT employee at
27 WORKMAN. The employee administered first aid. An ambulance was called and J.N. was
28 taken to and treated in the emergency room.
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 17. DISTRICT knew that J.N. was particularly vulnerable to falling and had a
2 history of ongoing mobility issues since pre-school.
3 18. Specifically, Defendants knew that because of J.N.’s disabilities, and medical
4 conditions, she is less equipped than most students to protect himself from falling, which was
5 part of the reason why she attended APE classes.
6 19. Defendants were required to have and follow policies and procedures for
7 protecting children at school from bodily harm. Cal. Civ. Code § 43; Cal. Ed. Code §
8 47605(b)(5)(F); Cal. Code Regs, tit. 5 § 111967.5.1(f)(6).
9 20. Defendants were required to “supervise at all times the conduct of children on
10 school grounds and to enforce those rules and regulations necessary to ensure the protection of
11 students, faculty, and staff.” Cal. Ed. Code § 44807.
VANAMAN GERMAN LLP
12 21. Defendants failed to provide J.N. with the level of adult support she required for
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 her safety. Instead, despite acknowledging the need for this level of support as early as 2018,
14 DISTRICT refused to provide it, knowingly placing J.N. in danger every time J.N. walks.
15 22. Defendants failed to properly maintain the parking lot where the fall occurred.
16 The unsafe condition of the parking lot was ignored by the DISTRICT, leading to inadequate
17 maintenance. This hazardous condition was a contributing factor to J.N.’s fall.
18 23. As a result of the District’s failure to intervene with proper support before an
19 injury occurred, and as a result of the District’s failure to properly maintain their school
20 grounds, J.N. suffered physical damages.
21 24. The negligence by WORKMAN and DISTRICT, including their employees,
22 resulted in significant physical harm to J.N. They knew or should have known that J.N. required
23 adult support while walking for her safety. They failed to protect J.N. while she was in the
24 custody and care of DISTRICT on school grounds during school hours.
25 25. As a direct and proximate result of the acts and omissions of the employees of
26 WORKMAN and DISTRICT, J.N. has suffered severe physical harm, and was hurt and injured
27 in her health, strength, and activity, sustaining injury to her body, which has caused her, and
28 continues to cause her, great physical pain and suffering.
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 26. At the aforementioned time and place, the employees of WORKMAN and the
2 DISTRICT, who were acting in the course and scope of their employment, did so carelessly,
3 negligently, improperly, willfully, carelessly, and inadequately supervise and monitor J.N
4 during school hours during all times referenced herein, which allowed J.N. to get hurt, thereby
5 suffering the injuries hereinabove described. For safety reasons, students such as J.N. must be
6 supervised and monitored while walking on campus during school hours, including every
7 recess, every Physical Exercise class, and the like.
8 27. At the aforementioned time and place, DISTRICT did so carelessly and
9 negligently select, hire, engage, retain, train, manage, evaluate, monitor, permit, entrust, and
10 supervise the employees of WORKMAN. DISTRICT knew or should have known said
11 employees were unfit to perform the work for which they were hired and knew or should have
VANAMAN GERMAN LLP
12 known such unfitness created a risk to others including J.N.
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 28. These tortious acts and omissions of DISTRICT, including the breach of its
14 high duty of care to protect the safety of students like J.N. proximately caused her to suffer the
15 injuries hereinabove described.
16 29. J.N.’s damages were legally and proximately caused by the negligent, careless,
17 and dangerous failure to properly supervise and monitor her, by the attendants and other
18 individuals employed by DISTRICT and those entities and people acting as its agents in caring
19 for and supervising J.N. There was a further failure to properly elect, hire, train, manage,
20 evaluate, and otherwise supervise the entities and people who were performing the task of
21 supervising and monitoring J.N. This conduct violated the high duty of care that DISTRICT
22 owes its students to secure and maintain student personal safety.
23 30. During all periods of time in which J.N. was a student of WORKMAN,
24 DISTRICT and the employees of DISTRICT failed to properly provide J.N. with the level of
25 adult support she required for her safety, so as to prevent her from exercising her rights to
26 protection from harm, personal insult, and injury.
27 31. J.N. is informed, believes, and thereon alleges that she was harmed by the
28 aforementioned conduct of DISTRICT by allowing her to sustain the injuries described above,
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 and the deprivation of her rights to protection from bodily harm, personal insult, and injury.
2 32. J.N. is informed, believes, and thereon alleges that the aforementioned
3 conduct of DISTRICT was a substantial factor in causing her harm.
4 33. J.N. will seek leave of Court to recover damages including, but not limited
5 to, exemplary damages.
6 34. As of the date of this Claim, J.N. has suffered damages due to the injuries she
7 sustained in the subject incident, which include but are not limited to body injuries and other
8 injuries all to her damage for the following elements:
9 (a) Past and future expense for the medical treatment and other care J.N. has received
10 and will be required to receive in the future for the injuries she sustained in the incident
11 which is the subject matter of this claim;
VANAMAN GERMAN LLP
12 (b) Future loss of J.N.’s earnings and the ability to earn; and
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 (c) Past and future general damages for pain, suffering, loss of functions, and
14 other personal injury losses.
15 35. The amount of damages as of the date of presentation of this Claim exceeds the
16 minimum jurisdictional amount of an unlimited jurisdiction case in the Superior Court.
17
18 FIRST CAUSE OF ACTION
19 NEGLIGENCE
20 (Against All Defendants)
21 36. Plaintiff refers to all preceding paragraphs and incorporates them as is set forth
22 in full in this cause of action.
23 37. Defendants committed the negligent acts and/or negligent failures to act set forth
24 above, which caused the physical and emotional harm suffered by Plaintiff.
25 38. As detailed and alleged above, Defendants owed Plaintiff a duty of care to act.
26 39. As detailed and alleged above, Defendants breached their duty of care towards
27 Plaintiff by their conduct and failed to exercise reasonable care.
28
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 40. As a result of the above-described conduct, Plaintiff suffered and continues to
2 suffer great pain of body; and has incurred and will continue to incur expenses for medical and
3 dental treatment.
4 SECOND CAUSE OF ACTION
5 NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION
6 (Against All Defendants)
7 41. Plaintiff refers to all preceding paragraphs and incorporates them as is set forth
8 in full in this cause of action.
9 42. Defendants owed a duty to the public and to the plaintiff to hire, train, retain, and
10 supervise their employees, agents, servants, and independent contractors, including Does 1-20,
11 with reasonable care.
VANAMAN GERMAN LLP
12 43. Defendants negligently breached that duty and authorized and ratified their
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 employees’ agents’, servants’, and independent contractors’, including Does
14 1-20’s, misconduct.
15 44. Defendants and Defendants’ employees, agents, servants, and independent
16 contractors were unfit and incompetent to perform their roles and duties, including those duties
17 herein alleged above.
18 45. Defendants knew or should have known that their employees, agents, servants,
19 and independent contractors, including DOES 1 through 20, were unfit and incompetent to
20 perform their roles and duties and that lack of fitness or incompetence created a particular risk
21 to others, including Plaintiff.
22 46. Defendants’ breaches caused and were a substantial factor in causing Plaintiff’s
23 harm.
24 47. As a direct, proximate, and legal cause of Defendants’ wrongful conduct,
25 Plaintiff suffered foreseeable past and future physical injuries and general, special, and
26 incidental damages in an amount according to proof in excess of the jurisdictional requirements
27 of this court.
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COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 48. As a direct, proximate and legal cause of the defendants’ wrongful conduct,
2 Plaintiff has suffered, without limitation:
3 a. Past and future medical and healthcare expenses;
4 b. Past and future incidental expenses; and
5 c. Past and future non-economic damages, including physical pain,
6 disfigurement, physical impairment, inconvenience, anxiety, and humiliation.
7 THIRD CAUSE OF ACTION
8 NEGLIGENT SUPERVISION
9 (Against All Defendants)
10 49. Plaintiff repeats, realleges, and incorporates herein by this reference all prior
11 allegations.
VANAMAN GERMAN LLP
12 50. Defendants committed the negligent acts and/or negligent failures to act set forth
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 above, which caused the physical harm suffered by Plaintiff.
14 51. Defendants owed Plaintiff a duty to supervise the students under its charge.
15 52. As detailed and alleged above, Defendants breached their duty of care towards
16 Plaintiff by their conduct and failed to exercise reasonable care.
17 53. As alleged, Defendants were or should have been aware that J.N. requires
18 additional adult support while walking for her safety. As a result of the Defendants’ failure to
19 intervene with a proper level of supervision before an injury occurred, J.N. was severely
20 harmed.
21 54. Defendants did not protect J.N.
22 55. Defendants’ failure to supervise J.N. as she required was the actual and
23 proximate cause of Plaintiff’s damages.
24 56. As a result of the above-described conduct, Plaintiff suffered and continues to
25 suffer great pain of body; and has incurred and will continue to incur expenses for medical and
26 dental treatment.
27 FOURTH CAUSE OF ACTION
28 UNSAFE CONDITION
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 (Against All Defendants)
2 57. Plaintiff repeats, realleges, and incorporates herein by this reference all prior
3 allegations.
4 58. Defendants owed a special duty to the public and to the Plaintiff to provide a
5 safe environment for students. This includes maintaining school grounds in a condition that is
6 free from hazardous conditions that could foreseeably cause injury.
7 59. As detailed and alleged above, Defendants breached their duty of care towards
8 Plaintiff by their conduct and failed to exercise reasonable care.
9 60. As alleged, Defendants were or should have been aware that their parking lot
10 was in an unsafe condition. As a result of the Defendants’ failure to intervene or fix the
11 conditions of the parking lot before an injury occurred, J.N. was severely harmed.
VANAMAN GERMAN LLP
12 61. Defendants did not protect J.N.
Sherman Oaks, California 91423
14001 Ventura Boulevard
13 62. Defendants’ failure to provide a safe environment for J.N., as they are required,
14 was the actual and proximate cause of Plaintiff’s damages.
15 63. As a result of the above-described conduct, Plaintiff suffered and continues to
16 suffer great pain of body; and has incurred and will continue to incur expenses for medical and
17 dental treatment.
18 PRAYER FOR RELIEF
19 WHEREFORE, PLAINTIFF prays for a jury trial and for judgment against Defendants
20 as follows:
21 FOR ALL CAUSES OF ACTION:
22 1. For compensatory damages according to proof at the time of trial;
23 2. For general and special damages, including damages for emotional and mental
24 distress and prejudgment interest in an amount to be determined at trial;
25 3. For civil penalties and/or statutory damages;
26 4. For costs of suit incurred herein;
27 5. For pre-judgment and post-judgment interest at the legal rate;
28 6. For such other and further relief as the court deems just and proper.
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 Dated: April 11, 2024 VANAMAN GERMAN LLP
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4 By: _____________________________________
David W. German
5 Attorney for Plaintiff
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DEMAND FOR JURY TRIAL
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Plaintiff J.N., by and through her guardian ad litem, JAKARIN NIMDEELERT, hereby
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demands a trial by jury as to all causes of action.
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Dated: April 11, 2024 VANAMAN GERMAN LLP
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VANAMAN GERMAN LLP
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Sherman Oaks, California 91423
14001 Ventura Boulevard
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By: _____________________________________
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David W. German
15 Attorney for Plaintiff
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COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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DAVID W. GERMAN, State Bar No. 252394 1 VANAMAN GERMAN LLP 14001 Ventura Boulevard 2 Sherman Oaks, CA 91423 Telephone: (818) 990-7722 3 Facsimile: (818) 501-1306 dgerman@vanamangerman.com 4 Attorneys for J.N. 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 8 COUNTY OF LOS ANGELES 9 10 J.N., a minor, by and through her guardian ad Case No.: litem, JAKARIN NIMDEELERT, 11 COMPLAINT FOR DAMAGES FOR: VANAMAN GERMAN LLP 12 Plaintiff, Sherman Oaks, California 91423 14001 Ventura Boulevard 13 v. 1. Negligence 2. Negligent Hiring, Training, 14 Supervision, and Retention HACIENDA LA PUENTE SCHOOL 3. Negligent Supervision DISTRICT, a local educational agency, and 15 4. Unsafe Conditions DOES 1 through 20, inclusive, 16 Defendants. 17 18 Plaintiff J.N. (“J.N.” or “Plaintiff”), by and through her guardian ad litem, JAKARIN 19 NIMDEELERT, hereby complains against Defendants HACIENDA LA PUENTE SCHOOL 20 DISTRICT, a local educational agency (“HLPSD” or “District”), and DOES 1 through 20 21 (collectively “Defendants”), and alleges as follows: 22 GENERAL ALLEGATIONS 23 NATURE OF ACTION 24 1. The HACIENDA LA PUENTE SCHOOL DISTRICT was aware that J.N. 25 requires assistance walking. Regardless DISTRICT did not provide walking assistance to J.N. 26 to protect J.N. from falling because it disregarded her on the basis of her disabilities. It failed to 27 protect her in the same manner that it would protect “typical” students. DISTRICT had 28 previously acknowledged that J.N. can not walk in a straight line. Despite their knowledge that COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -1- 1 J.N. was particularly vulnerable to falling, DISTRICT failed to properly supervise and protect 2 her. As a result of their negligent supervision, J.N. tripped, fell, and suffered numerous injuries 3 on DISTRICT property. As a result, Plaintiff brings the following causes of action against 4 Defendants for the substantial injuries she sustained: negligence; negligent hiring, training, 5 supervision, and retention; and negligent supervision. 6 PARTIES 7 2. Plaintiff J.N. is a citizen of California and resides in Hacienda Heights, CA. 8 JAKARIN NIMDEELERT is J.N.’s father. 9 3. Defendant HACIENDA LA PUENTE SCHOOL DISTRICT is a California local 10 educational agency. It is a public entity duly incorporated and operated under California law as 11 a school district. VANAMAN GERMAN LLP 12 4. The true names and capacities, whether individual, corporate, associate, or other, Sherman Oaks, California 91423 14001 Ventura Boulevard 13 of Does 1-20 are unknown to Plaintiff, who therefore sues these defendants by such fictitious 14 names. Plaintiff alleges that each Doe defendant is legally responsible in some manner for the 15 events and happenings referred to herein and will ask leave of this court to insert their true 16 names and capacities when they become known. 17 JURISDICTION AND VENUE 18 5. This Court has personal jurisdiction over Defendants because all Defendants 19 reside in California. 20 6. Venue is proper in this judicial district, pursuant to California Code of Civil 21 Procedure § 395.5. The amounts in controversy exceed this Court’s jurisdictional minimum. 22 ADMINISTRATIVE EXHAUSTION 23 7. Pursuant to California Government Code section 900 et seq., Plaintiff presented 24 her claim for damages to HLPSD on August 8, 2023, within six months of the acts and 25 omissions alleged herein. 26 8. Defendant HLPSD rejected Plaintiff’s claims on October 12, 2023. This filing is 27 within six months of October 12, 2023 and is therefore, timely under California Government 28 Code section 945.6. COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -2- 1 2 GENERAL FACTS 3 9. J.N. lives with her father JAKARIN NIMDEELERT. 4 10. She has qualified special education services on the bases of Autism since 2010 5 and Intellectual Disability since 2015. 6 11. J.N. has a history of mobility issues including locomotor skills deficits and gross 7 motor skills deficits. She continues to have mobility issues and requires support and supervision 8 while walking. 9 12. Since early grade school J.N. has attended Advanced Physical Education (APE) 10 classes due to her motor skills deficits. In a triennial evaluation completed on January 7, 2020, 11 J.N.’s loco and gross motor skill levels had “not improved much” in the 3 years since the prior VANAMAN GERMAN LLP 12 evaluation. DISTRICT has been aware since at least 2017 that J.N. has mobility issues and Sherman Oaks, California 91423 14001 Ventura Boulevard 13 requires assistance, yet no meaningful actions were taken to protect and support J.N. 14 DISTRICT failed to assess J.N. in a timely manner and provide appropriate supports and 15 services. 16 13. J.N. began attending WORKMAN HIGH SCHOOL (“WORKMAN”) in 17 approximately 2021. 18 14. J.N. currently attends WORKMAN. J.N. During the 2022-2023 school year, J.N. 19 attended WORKMAN. 20 15. J.N. was born in January of 2007. At the beginning of the 2022-2023 school 21 year, she was 15 years old. In January of 2023, J.N. turned 16 years old. 22 J.N. FELL ON DISTRICT PROPERTY 23 16. On approximately February 8, 2023, J.N. tripped and fell on District property 24 during school hours at WORKMAN. J.N. fell forward and hit her face on the ground, knocking 25 out one tooth and damaging several others. J.N. Also suffered other injuries including a cut 26 above her eyebrow and bruising on her lips. The fall was observed by a DISTRICT employee at 27 WORKMAN. The employee administered first aid. An ambulance was called and J.N. was 28 taken to and treated in the emergency room. COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -3- 1 17. DISTRICT knew that J.N. was particularly vulnerable to falling and had a 2 history of ongoing mobility issues since pre-school. 3 18. Specifically, Defendants knew that because of J.N.’s disabilities, and medical 4 conditions, she is less equipped than most students to protect himself from falling, which was 5 part of the reason why she attended APE classes. 6 19. Defendants were required to have and follow policies and procedures for 7 protecting children at school from bodily harm. Cal. Civ. Code § 43; Cal. Ed. Code § 8 47605(b)(5)(F); Cal. Code Regs, tit. 5 § 111967.5.1(f)(6). 9 20. Defendants were required to “supervise at all times the conduct of children on 10 school grounds and to enforce those rules and regulations necessary to ensure the protection of 11 students, faculty, and staff.” Cal. Ed. Code § 44807. VANAMAN GERMAN LLP 12 21. Defendants failed to provide J.N. with the level of adult support she required for Sherman Oaks, California 91423 14001 Ventura Boulevard 13 her safety. Instead, despite acknowledging the need for this level of support as early as 2018, 14 DISTRICT refused to provide it, knowingly placing J.N. in danger every time J.N. walks. 15 22. Defendants failed to properly maintain the parking lot where the fall occurred. 16 The unsafe condition of the parking lot was ignored by the DISTRICT, leading to inadequate 17 maintenance. This hazardous condition was a contributing factor to J.N.’s fall. 18 23. As a result of the District’s failure to intervene with proper support before an 19 injury occurred, and as a result of the District’s failure to properly maintain their school 20 grounds, J.N. suffered physical damages. 21 24. The negligence by WORKMAN and DISTRICT, including their employees, 22 resulted in significant physical harm to J.N. They knew or should have known that J.N. required 23 adult support while walking for her safety. They failed to protect J.N. while she was in the 24 custody and care of DISTRICT on school grounds during school hours. 25 25. As a direct and proximate result of the acts and omissions of the employees of 26 WORKMAN and DISTRICT, J.N. has suffered severe physical harm, and was hurt and injured 27 in her health, strength, and activity, sustaining injury to her body, which has caused her, and 28 continues to cause her, great physical pain and suffering. COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -4- 1 26. At the aforementioned time and place, the employees of WORKMAN and the 2 DISTRICT, who were acting in the course and scope of their employment, did so carelessly, 3 negligently, improperly, willfully, carelessly, and inadequately supervise and monitor J.N 4 during school hours during all times referenced herein, which allowed J.N. to get hurt, thereby 5 suffering the injuries hereinabove described. For safety reasons, students such as J.N. must be 6 supervised and monitored while walking on campus during school hours, including every 7 recess, every Physical Exercise class, and the like. 8 27. At the aforementioned time and place, DISTRICT did so carelessly and 9 negligently select, hire, engage, retain, train, manage, evaluate, monitor, permit, entrust, and 10 supervise the employees of WORKMAN. DISTRICT knew or should have known said 11 employees were unfit to perform the work for which they were hired and knew or should have VANAMAN GERMAN LLP 12 known such unfitness created a risk to others including J.N. Sherman Oaks, California 91423 14001 Ventura Boulevard 13 28. These tortious acts and omissions of DISTRICT, including the breach of its 14 high duty of care to protect the safety of students like J.N. proximately caused her to suffer the 15 injuries hereinabove described. 16 29. J.N.’s damages were legally and proximately caused by the negligent, careless, 17 and dangerous failure to properly supervise and monitor her, by the attendants and other 18 individuals employed by DISTRICT and those entities and people acting as its agents in caring 19 for and supervising J.N. There was a further failure to properly elect, hire, train, manage, 20 evaluate, and otherwise supervise the entities and people who were performing the task of 21 supervising and monitoring J.N. This conduct violated the high duty of care that DISTRICT 22 owes its students to secure and maintain student personal safety. 23 30. During all periods of time in which J.N. was a student of WORKMAN, 24 DISTRICT and the employees of DISTRICT failed to properly provide J.N. with the level of 25 adult support she required for her safety, so as to prevent her from exercising her rights to 26 protection from harm, personal insult, and injury. 27 31. J.N. is informed, believes, and thereon alleges that she was harmed by the 28 aforementioned conduct of DISTRICT by allowing her to sustain the injuries described above, COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -5- 1 and the deprivation of her rights to protection from bodily harm, personal insult, and injury. 2 32. J.N. is informed, believes, and thereon alleges that the aforementioned 3 conduct of DISTRICT was a substantial factor in causing her harm. 4 33. J.N. will seek leave of Court to recover damages including, but not limited 5 to, exemplary damages. 6 34. As of the date of this Claim, J.N. has suffered damages due to the injuries she 7 sustained in the subject incident, which include but are not limited to body injuries and other 8 injuries all to her damage for the following elements: 9 (a) Past and future expense for the medical treatment and other care J.N. has received 10 and will be required to receive in the future for the injuries she sustained in the incident 11 which is the subject matter of this claim; VANAMAN GERMAN LLP 12 (b) Future loss of J.N.’s earnings and the ability to earn; and Sherman Oaks, California 91423 14001 Ventura Boulevard 13 (c) Past and future general damages for pain, suffering, loss of functions, and 14 other personal injury losses. 15 35. The amount of damages as of the date of presentation of this Claim exceeds the 16 minimum jurisdictional amount of an unlimited jurisdiction case in the Superior Court. 17 18 FIRST CAUSE OF ACTION 19 NEGLIGENCE 20 (Against All Defendants) 21 36. Plaintiff refers to all preceding paragraphs and incorporates them as is set forth 22 in full in this cause of action. 23 37. Defendants committed the negligent acts and/or negligent failures to act set forth 24 above, which caused the physical and emotional harm suffered by Plaintiff. 25 38. As detailed and alleged above, Defendants owed Plaintiff a duty of care to act. 26 39. As detailed and alleged above, Defendants breached their duty of care towards 27 Plaintiff by their conduct and failed to exercise reasonable care. 28 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -6- 1 40. As a result of the above-described conduct, Plaintiff suffered and continues to 2 suffer great pain of body; and has incurred and will continue to incur expenses for medical and 3 dental treatment. 4 SECOND CAUSE OF ACTION 5 NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION 6 (Against All Defendants) 7 41. Plaintiff refers to all preceding paragraphs and incorporates them as is set forth 8 in full in this cause of action. 9 42. Defendants owed a duty to the public and to the plaintiff to hire, train, retain, and 10 supervise their employees, agents, servants, and independent contractors, including Does 1-20, 11 with reasonable care. VANAMAN GERMAN LLP 12 43. Defendants negligently breached that duty and authorized and ratified their Sherman Oaks, California 91423 14001 Ventura Boulevard 13 employees’ agents’, servants’, and independent contractors’, including Does 14 1-20’s, misconduct. 15 44. Defendants and Defendants’ employees, agents, servants, and independent 16 contractors were unfit and incompetent to perform their roles and duties, including those duties 17 herein alleged above. 18 45. Defendants knew or should have known that their employees, agents, servants, 19 and independent contractors, including DOES 1 through 20, were unfit and incompetent to 20 perform their roles and duties and that lack of fitness or incompetence created a particular risk 21 to others, including Plaintiff. 22 46. Defendants’ breaches caused and were a substantial factor in causing Plaintiff’s 23 harm. 24 47. As a direct, proximate, and legal cause of Defendants’ wrongful conduct, 25 Plaintiff suffered foreseeable past and future physical injuries and general, special, and 26 incidental damages in an amount according to proof in excess of the jurisdictional requirements 27 of this court. 28 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -7- 1 48. As a direct, proximate and legal cause of the defendants’ wrongful conduct, 2 Plaintiff has suffered, without limitation: 3 a. Past and future medical and healthcare expenses; 4 b. Past and future incidental expenses; and 5 c. Past and future non-economic damages, including physical pain, 6 disfigurement, physical impairment, inconvenience, anxiety, and humiliation. 7 THIRD CAUSE OF ACTION 8 NEGLIGENT SUPERVISION 9 (Against All Defendants) 10 49. Plaintiff repeats, realleges, and incorporates herein by this reference all prior 11 allegations. VANAMAN GERMAN LLP 12 50. Defendants committed the negligent acts and/or negligent failures to act set forth Sherman Oaks, California 91423 14001 Ventura Boulevard 13 above, which caused the physical harm suffered by Plaintiff. 14 51. Defendants owed Plaintiff a duty to supervise the students under its charge. 15 52. As detailed and alleged above, Defendants breached their duty of care towards 16 Plaintiff by their conduct and failed to exercise reasonable care. 17 53. As alleged, Defendants were or should have been aware that J.N. requires 18 additional adult support while walking for her safety. As a result of the Defendants’ failure to 19 intervene with a proper level of supervision before an injury occurred, J.N. was severely 20 harmed. 21 54. Defendants did not protect J.N. 22 55. Defendants’ failure to supervise J.N. as she required was the actual and 23 proximate cause of Plaintiff’s damages. 24 56. As a result of the above-described conduct, Plaintiff suffered and continues to 25 suffer great pain of body; and has incurred and will continue to incur expenses for medical and 26 dental treatment. 27 FOURTH CAUSE OF ACTION 28 UNSAFE CONDITION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -8- 1 (Against All Defendants) 2 57. Plaintiff repeats, realleges, and incorporates herein by this reference all prior 3 allegations. 4 58. Defendants owed a special duty to the public and to the Plaintiff to provide a 5 safe environment for students. This includes maintaining school grounds in a condition that is 6 free from hazardous conditions that could foreseeably cause injury. 7 59. As detailed and alleged above, Defendants breached their duty of care towards 8 Plaintiff by their conduct and failed to exercise reasonable care. 9 60. As alleged, Defendants were or should have been aware that their parking lot 10 was in an unsafe condition. As a result of the Defendants’ failure to intervene or fix the 11 conditions of the parking lot before an injury occurred, J.N. was severely harmed. VANAMAN GERMAN LLP 12 61. Defendants did not protect J.N. Sherman Oaks, California 91423 14001 Ventura Boulevard 13 62. Defendants’ failure to provide a safe environment for J.N., as they are required, 14 was the actual and proximate cause of Plaintiff’s damages. 15 63. As a result of the above-described conduct, Plaintiff suffered and continues to 16 suffer great pain of body; and has incurred and will continue to incur expenses for medical and 17 dental treatment. 18 PRAYER FOR RELIEF 19 WHEREFORE, PLAINTIFF prays for a jury trial and for judgment against Defendants 20 as follows: 21 FOR ALL CAUSES OF ACTION: 22 1. For compensatory damages according to proof at the time of trial; 23 2. For general and special damages, including damages for emotional and mental 24 distress and prejudgment interest in an amount to be determined at trial; 25 3. For civil penalties and/or statutory damages; 26 4. For costs of suit incurred herein; 27 5. For pre-judgment and post-judgment interest at the legal rate; 28 6. For such other and further relief as the court deems just and proper. COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -9- 1 Dated: April 11, 2024 VANAMAN GERMAN LLP 2 3 4 By: _____________________________________ David W. German 5 Attorney for Plaintiff 6 DEMAND FOR JURY TRIAL 7 Plaintiff J.N., by and through her guardian ad litem, JAKARIN NIMDEELERT, hereby 8 demands a trial by jury as to all causes of action. 9 10 Dated: April 11, 2024 VANAMAN GERMAN LLP 11 VANAMAN GERMAN LLP 12 Sherman Oaks, California 91423 14001 Ventura Boulevard 13 By: _____________________________________ 14 David W. German 15 Attorney for Plaintiff 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL -10-