Camila Lopez Magallanes vs. Los Angeles Unified School District
Case Background
On November 22, 2017, Plaintiff Cristofina Lopez filed a premises liability lawsuit in the Superior Court of Los Angeles County, California (Case Number: BC684669). The case stemmed from a school playground injury allegedly resulting from unsafe property conditions. Judges Alison Mackenzie, Mel Red Recana, Malcolm Mackey, Michelle Williams Court, Samantha Jessner, and Marc D. Gross presided over the matter.
Cause
On February 2, 2017, a minor student sustained life-changing injuries at Marvin Avenue Elementary School in Los Angeles. Reports revealed that staff from the Los Angeles Unified School District (LAUSD) allowed students to participate in physical activities on a school playground with hazardous infrastructure. School authorities reportedly permitted children to play on damaged asphalt littered with cracks, uneven surfaces, and loose gravel. These unsafe conditions caused the student to fall and strike their head against the asphalt, resulting in severe injuries. Instead of seeking immediate medical attention, staff sent the visibly injured student back to the classroom, where their condition worsened. The student experienced escalating confusion, lightheadedness, and pain as intracranial bleeding developed.
Injuries
The traumatic brain injury caused by the school playground accident led to intracranial bleeding and brain displacement, according to medical evaluations. LAUSD’s delayed response worsened the injury’s severity, as emergency protocols were not followed. Investigations revealed that staff failed to contact medical services promptly and delayed notifying the student’s parents until the condition had significantly deteriorated.
Damages
The injuries inflicted during the school playground accident caused long-term physical and psychological complications for the student. The traumatic brain injury led to ongoing medical issues, including frequent headaches, cognitive challenges, and emotional distress. The student now requires continuous care from physicians and therapists, placing a significant financial burden on their family. Rehabilitation costs and future medical expenses are expected to be substantial. Additionally, the injuries impaired the student’s academic performance, limited participation in normal childhood activities, and may affect future earning potential.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Camila Lopez Magallanes, a minor, by and through her Guardian Ad Litem, Cristofina Lopez
- Counsel for Plaintiff: Alexander R. Wheeler | Blair Matthew P | Misak Chanchikyan | Daniel Eli | Benjamin J. Kussman | Kirill Lavinski | Khail A. Parris |Eric Nathan Wilson
- Defendant(s): Los Angeles Unified School District
- Counsel for Defendants: Rodolfo F. Ruiz, Esq. | Ty Vanderford, Esq. | Thomas C. Hurrell, Esq. | Diane Martinez, Esq
Key Arguments or Remarks by Counsel
“As the jury recognized, the school officials failed in their basic duty to protect our client, who was a child in their care,” said PARRIS Law Firm partner Alexander R. Wheeler. “They waited far too long to listen to her complaints and get her proper medical treatment,” Wheeler added
“The school never gave our client a fighting chance – her life is forever changed because of it,” PARRIS partner Khail A. Parris added.
Claims
The lawsuit presented three distinct causes of action. The first claim alleged negligence under California Government Code §§ 815.2 and 820(a), asserting that LAUSD failed to implement and maintain proper safety protocols to ensure student well-being. The second claim focused on negligent supervision under California Education Code § 44807, highlighting the school’s failure to monitor students adequately and provide an appropriate emergency response after the injury occurred. The third claim addressed dangerous property conditions under California Government Code § 835, emphasizing the school’s negligence in failing to repair or mitigate known hazards on the school playground that directly contributed to the student’s traumatic brain injury.
Defense
In response to the plaintiff’s claims, LAUSD presented several defense arguments to counter allegations of negligence. The school district asserted that it exercised reasonable care in maintaining the school playground and supervising students. LAUSD emphasized conducting regular safety inspections and adhering to standard protocols for public school facilities. Maintenance records and repair documentation were submitted as evidence to demonstrate compliance with safety requirements.
The defense argued that the student’s injuries resulted from their own actions rather than conditions on the school playground. LAUSD maintained that staff provided proper supervision during recess and followed established safety guidelines. Evidence included maintenance schedules and documented responses to reported hazards. Defense attorneys contended that the playground’s asphalt did not meet the legal definition of a dangerous condition under California Government Code § 835.
Additionally, the defense disputed the severity and causation of the injuries. LAUSD presented evidence showing that staff followed district policies for medical response, including assessing the student’s condition and notifying parents in a timely manner. The defense argued that school personnel made reasonable judgments based on the apparent severity of the injury at the time of the incident.
Regarding the claim of negligent supervision, LAUSD argued that adequate staff monitored school playground activities and maintained appropriate student-to-supervisor ratios. The school district asserted that its procedures aligned with California public school safety standards. The defense maintained that its adherence to safety protocols negated the plaintiff’s claims of negligence and property hazards.
Jury Verdict
On November 25, 2024, a Los Angeles jury awarded $7.1 million to a young student who suffered a traumatic brain injury on a hazardous school playground at Marvin Avenue Elementary School. The $7.1 million verdict included compensation for past and future medical expenses, ongoing rehabilitation costs, and the student’s diminished quality of life. It also accounted for the emotional distress caused by the traumatic brain injury, which has significantly impacted the student’s ability to participate in everyday activities and achieve academic success.
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