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Venue: Santa Clara
County , 6th Appellate District
Jury Verdict/Result: Verdict in favor of
defendants
Case Name/Date: Capps v. San Jose Unified
School Dist., et al.
Description: Plaintiff was a fifth grade
student at a school maintained by San Jose Unified School District. He was injured
on school premises when he was hit by a falling "jalousie" window pane
knocked from its moorings by a ball kicked on the school playground. Plaintiff,
through his parent, claimed traumatic brain injury, rejecting numerous settlement
offers and proceeding to trial. Plaintiff's experts testified that he suffered
from biochemical changes at the cytoskeletal level, a then new theory of brain
damage that was discredited during trial. After lengthy competing damages expert
testimony, the jury found both the School District and the School not liable.
The judgment was appealed and upheld on appeal.
Case Type : Water damage (inverse condemnation,
negligence, nuisance, trespass, mandatory duty, dangerous condition of public
property)
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