Trial Magazine

Joshua Kaufman, a high school freshman, was participating in a physical education (PE) class taught by Rusty Anderson in the school gym. Fellow teacher Daniel Casel was teaching a concurrent PE class in the gym. That day, Casel’s son, junior Matthew Casel, who served as a student aide in his health class, was allowed to leave class and go to his father’s PE class to work as a student aide.

When Kaufman allegedly opened the locker room door before his PE class ended, in violation of school policy, he allegedly struck Matthew with the door. Matthew allegedly slammed the door shut and scolded Kaufman. An altercation ensued, and Matthew allegedly pulled down on Kaufman’s book bag, causing him to lose his balance and fall. He suffered serious injury, necessitating hospitalization and surgery. His medical expenses totaled more than $123,800.

Kaufman’s mother, on his behalf, sued the school district and Daniel and Matthew Casel, alleging negligence, gross negligence, negligent training and supervision, assault, battery, and respondeat superior liability. The plaintiff claimed that the school district failed to provide any training regarding a student aide’s authority in the classroom, including whether aides are authorized to enforce school policy against a fellow student.

The parties settled for $125,000. The Casels’ insurer paid $75,000, and the school district paid the rest.

Citation: Kaufman v. Clark Cty. Sch. Dist., No. A-17-757186-C (Nev. Dist. Ct. Clark Cty. Aug. 21, 2020).

Plaintiff counsel: AAJ member G. Dallas Horton and David L. Thomas, both of Las Vegas.