Home » Children and Youth Articles » Law Offices of Howard Kornberg Prevails in Appeal to Protect Children
Law Offices of Howard Kornberg Prevails in Appeal to Protect Children
The Law Offices of Howard Kornberg, of Los Angeles, Calif., today announced a major victory in the effort to protect schoolchildren from sexual predators.
April 24, 2010 /Children and Youth PR News/ -- Law Offices of Howard Kornberg Prevails in Appeal to Protect Children
The Law Offices of Howard Craig Kornberg, of Los Angeles, Calif., today announced a major victory in the effort to protect schoolchildren from sexual predators and other threats while they are on school grounds.
The Kornberg legal team successfully appealed a Superior Court of Los Angeles County decision in Agbeti v. Los Angeles Unified School District. The California Courts of Appeal, 2nd District, reversed the Superior Court's summary judgment in favor of the school district.
The ruling by the Court of Appeal states that school districts "owe a duty of care" to students in after-school programs and "may be held liable for injuries proximately caused by the failure to exercise such care."
Said Attorney Howard C. Kornberg, "It's nice to win one for the kids and their families who deserve a safe environment while they are at school."
The case involved a girl in second-grade, J.H., attending a Los Angeles Unified School District after-school program. In April of 2006, J.H. was sexually assaulted by a student, Bobby, while another student held her down and repeatedly slapped her.
At the time of the incident, the playground supervisor was either the only adult, or one of two adults, overseeing the program.
After the playground supervisor learned of the assault from a student, the supervisor informed J.H.'s mother, who filed a police report. The mother later sued the school district, school, playground supervisor and other employees of the school for negligent supervision. The trial court granted a summary judgment in favor of the defendants, finding that schools have no special duty of care for children in voluntary after-school programs and that no special relationship exists.
In a strongly worded decision, the three-justice court reversed the decision and remanded the case back to Superior Court for trial, stating "a special relationship exists between a school district and its students, resulting in an affirmative duty on the school district to take all reasonable steps to protect its students. Here, this court noted that the school district's duty did not end just because the school day did."
The Law Offices of Howard Craig Kornberg is an acclaimed Los Angeles law firm headed by Attorney Kornberg, who is renowned for more than 30 years of tenacious, successful advocacy on behalf of his clients.
http://www.howardkornberglawyer.com/
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