Trial Magazine

Verdicts & Settlements: Schools

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Dangerous condition of public property

December 2024

While walking to his school bus stop, 12-year-old Aidan Ortiz was fatally struck as he attempted to cross four lanes of traffic and a center median. He is survived by his parents.

They sued the Adelanto Elementary School District, the city of Adelanto, the county of San Bernardino, and the state of California, alleging dangerous condition of public property, negligence and negligence per se, and survival. The plaintiffs argued that there should have been a marked pedestrian crosswalk or traffic controls near the bus stop and a crossing guard to assist students.

The parties settled for $12.5 million.

Citation: Hardy v. Adelanto Elementary Sch. Dist., No. CIV SB 2413080 (Cal. Super. Ct. Los Angeles Cnty. Sept. 3, 2024).

Plaintiff counsel: AAJ member Adam Shea, AAJ member Ryan Casey, and Jordan Phillips, all of Los Angeles.