LOS ANGELES (Legal Newsline) - An eighth-grade bully who seriously injured a classmate 40 pounds lighter during a touch football game will now possibly be on the hook for some of the $1.75 million verdict.
California's Second Appellate District made that ruling July 3 in a case against the Burbank Unified School District, a physical education teacher who was said to be frequently on his phone during class (when he wasn't calling students idiots and losers) and a student known as Gianni.
In April 2018, Gianni ran into plaintiff Nigel at full speed while Nigel was running with the ball, even though putting two hands on him would have qualified as a tackle. Nigel had been bullied by other classmates prior to the incident and was at the time, according to the decision, shorter than 5 feet tall and weighed 70 pounds.
Nigel tore the ACL in his left knee in the collision, while Gianni laughed and called him a "baby." Teacher Dylan Washausen was on a bench doing paperwork at the time, and testimony in the case said he was frequently texting, making phone calls and using Facebook on his phone during class.
"Washausen often became frustrated with the students during class and would call them names such as 'idiot' and 'loser,'" the decision says. "He would also tell them that "they suck[ed].' In the event of an altercation or injury, Washausen would admonish students not to 'go home and whine about this to [their] parents."
A Los Angeles jury hit the school district and Washausen with the $1.75 million verdict but since it found Gianni acted intentionally rather than negligently, it could not apportion fault to Gianni, per the judge's instruction.
The co-defendants objected during trial and the issue was taken to the Second District. It found that previous reports of bullying of Nigel by other students couldn't prove the school district was liable for the hit by Gianni, freeing the district from the verdict.
But it also found Gianni could be assessed a portion of the fault.
"Gianni's act of intentionally running into plaintiff was a substantial causative factor in plaintiff's injury and Washausen therefore should have been entitled to seek allocation of fault," the decision says.
The Second District ordered a new trial on the issue of Gianni's and Washausen's percentages of fault.
Gianni's previous bullying of Nigel included making fun of his high-pitched voice.
"He also falsely implied that plaintiff and another male student were in a gay relationship and used a gay slur to refer to plaintiff and the other student," the decision says.
"These remarks embarrassed plaintiff. Gianni and his friends snickered and made fun of plaintiff's performances during show choir, which caused plaintiff to cry and walk off stage in the middle of his final performance."