Gray•Duffy, LLP Negotiates Dismissal of Personal Injury Lawsuit Against School District

August 2014

Overview

Richard M. Williams of Gray•Duffy’s Redwood City office obtained an early dismissal of a severe personal injury lawsuit against San Carlos School District.

Discussion

Rosecrans v. San Carlos School District On April 1, 2013, 12-year-old Kyle Rosecrans was injured on a school sponsored trip at Camp Jones Gulch in La Honda, California. Kyle was injured while on a hiking trail when he tripped, fell on a piece of rebar protruding from the ground at the edge of the trail and sustained a severe gash to his upper inner thigh, nearly severing his femoral artery. He was taken by Life Flight helicopter to Stanford University Medical Center where emergency medical treatment kept him from bleeding to death and saved his leg. The Defendants in the case were the San Carlos School District who sponsored the trip, and the YMCA of San Francisco that owns and operates Camp Jones Gulch. Following initial investigations, it was determined that there had been complaints about the maintenance of this particular trail area and a recommendation to remove the protruding rebar. Unfortunately, the repair had not been performed. After negotiations and discussions between the district, the plaintiff’s parents and their counsel, the lawsuit against the school district was voluntarily dismissed. On advice of counsel, the district had agreed from the outset to reimburse all of the plaintiff’s medical expenses. Apparently this gesture, as well as the ongoing cooperation of the district and its counsel, and the district’s voluntary production of records and other materials, was inducement to obtain a dismissal. It is unknown whether the case against the YMCA of San Francisco, the owner of the property where the minor plaintiff was injured, is still pending.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.