MOTION FOR SUMMARY JUGDMENT GRANTED VINDICATING OLG’S CLIENT

OLG prevailed on Motion for Summary Judgment dismissing the entire action against OLG’s client who provided behavioral support services to special needs students, including Plaintiff, at a nonpublic school in Los Angeles.

Plaintiff, a mentally and physically disabled adult with a known seizure disorder, sued OLG’s client for injuries suffered when he fell to the ground due to a seizure at school. OLG’s client was assigned as a one-on-one behavioral aide to assist Plaintiff on the day of the incident. Plaintiff alleged negligence against OLG’s client for failing to anticipate Plaintiff’s seizure and protect him resulting harm.

OLG brought a motion for summary judgment arguing that Plaintiff could not prove breach of duty or causation for Plaintiff’s injuries. The motion was supported with evidence that OLG’s client stood within arms’ reach and actively observed Plaintiff throughout the event, that Plaintiff’s seizure could not be anticipated in the absence of known seizure symptoms, and that Plaintiff’s fall happened so quickly that there was no reasonable opportunity to prevent it. The court agreed with OLG on all points finding that OLG’s client fulfilled its duty to supervise Plaintiff and did not proximately cause Plaintiff’s injury.

Sherri Matta wrote the moving papers and reply with assistance from Jinny Ahn Cain. Ms. Matta argued the motion in court.