Trial Magazine

Fabian Sanchez, 11, attended the Victor Elementary School under an individualized education program (IEP). Although his IEP included a provision ensuring Sanchez would be bused to and from school, the school allowed him to walk home alone one day. While Sanchez was en route, Raul Martinez’s vehicle struck him as he crossed a street near an intersection.

Sanchez suffered a severe traumatic brain injury and now requires a wheelchair and 24-hour care. His medical expenses exceeded $550,000.

Sanchez, through a guardian, sued the school district, alleging it negligently allowed him to walk home from school, forcing him to walk across a dangerous road. The plaintiff claimed that the school district had violated a mandatory duty imposed by his IEP and federal law.

Suit also alleged that Martinez, his employer, and the employer’s parent company were liable for motor vehicle negligence and vicarious liability. The plaintiff also sued the city of Victorville, alleging liability for a dangerous condition of public property.

The parties settled for approximately $28.71 million, $28.5 million of which was paid by the school district.

Citation: Sanchez v. Martinez, No. CIVDS-1719667 (Cal. Super. Ct. San Bernardino Cty. Nov. 4, 2019).

Plaintiff counsel: AAJ members Jonathan Teller, Rahul Ravipudi, and Ian Samson, all of Los Angeles.

Plaintiff experts: David Lechuga, neuropsychology, Lake Forest, Calif.; Susan Grandinette, IEPs, Redondo Beach, Calif.; Jan Roughan, life care planning, Pasadena, Calif.; Susan Meyers Fosnot, speech therapy, Woodland Hills, Calif.; and Peter Formuzis, economics, Santa Ana, Calif.

Defense experts: Jennie McNulty, school policies and procedures, Los Angeles; and Carol Bartz, IEPs, Indio, Calif.