Distler v. Redondo Beach City School District

Facts: Decedent, age 22, a cabinet maker earning $15,000 annually, was killed in a collision with a vehicle operated by a school district maintenance man who was allegedly under the influence of drugs and had become intoxicated during work hours. The school district maintenance employee was intoxicated before leaving work in his personal vehicle and crossed the center line to crash head on into the decedent while en route home.

Contentions: Plaintiff alleged that the school district was negligent for failing to supervise employees. Plaintiff claimed that violation of rules against alcohol and drug use during the work day had become customary with maintenance men employed by the school district and was carried on with its express or implied permission. The school district denied any drug or alcohol problem within the maintenance department and denied that it had any responsibility for the collision which occurred after its maintenance person had clocked out and left the premises.

Trial Attorney for Plaintiff: James P. Carr

Opposing Counsel: School District was represented by Stuart Liebeman and Lawrence Samelson

Plaintiff’s Technical Expert: Michael Peat, Ph.D., Toxicologist; Herbert Moskowitz, Ph.D., Psychiatrist; Raymond Schultz, Ph.D., Economist

Demand, Offer and Verdict: Plaintiff demanded $1.5 million. School district offered nothing.Verdict: $1million.