Following Extensive Discovery and Filing of Amended Complaint, Former High School Student Recovers $ 1.5 Million Settlement For Burns Suffered In Science Experiment Fire
On Oct. 10, 2013, Olivia Johnson, a senior student at Chapel Hill High School in Douglas County, Georgia, suffered a horrific burn injury while demonstrating a science experiment at her school's after-hours "AP Open House." Johnson was performing the "rainbow flame" color experiment at the suggestion of her chemistry instructor, Ashley Matheison. Johnson claimed that Matheison was talking to other people when she carelessly poured methanol into the chemical dish that Johnson had prepared at her instruction. A flash fire explosion erupted and Johnson suffered extensive burns to her upper torso, including her arms, breasts, chest, and neck. She spent three weeks in the hospital, her recovery continues today, and she has endured numerous surgeries over the last several years. As of April, 2016, Johnson's past medicals stood at $ 280,000.
In 2015, Johnson filed an action against Matheison and the high school's principal, Sean Kelly, in the Georgia Superior Court for Douglas County. The action was assigned to Judge William McClain. Defendants maintained that they were immune from liability, arguing that a plaintiff simply could not sue a school or its employees for injuring a student. According to plaintiff’s counsel (Atlanta attorney Joseph R. Neal, Jr.), many able lawyers in the legal community consulted by co-counsel (Joshua Schiffer and David Olson of Schiffer Chanco & Olson, also in Atlanta) called the case a "loser" because Georgia case law is quite draconian in school tort cases. Neal explained that “The vast majority, if not all, school tort case law on the books focuses on the ‘failure to supervise’ students, which routinely is categorized by the trial and appellate courts as involving only ‘discretionary duties’ and automatically results in immunity being granted, even in the most egregious damages cases.”
Following discovery, Johnson filed an amended complaint on Feb. 23, 2016, asserting claims of negligent violation of ministerial duties by both defendants. According to information provided by plaintiff's counsel, the amended complaint alleged numerous code violations with citations to authorities, all of which had already been proven by the testimony of the Douglas County Fire Marshall and Safety Coordinator. Further bolstering plaintiff’s position was defense counsel’s production an exemplary four liter jug of Methanol (identical to that used by Matheison in the experiment) that had a very visible warning label and fire symbol. In addition, the depositions of defendants provided further basis for the claims in the amended complaint. According to Neal, the principal said “I don’t know” 212 times in 124 pages of deposition. During her deposition, Matheison repeatedly stated she was not subject to the fire codes and other fire policies because she “had not seen them,” because “nobody told me about them,” and because she “had the judgment to decide” what rules to follow.
Neal explainted that, “shortly after the video depositions of the defendants, it became clear this case needed to settle and the School’s insurer, the Georgia School Board Risk Management Fund, which had totally ignored our pre-suit demands, agreed to mediate the case, prior to any dispositive motions being filed.” On April 25, 2016, the parties attended a day-long mediation with Tommy Greer of Carrollton, Georgia. Shortly thereafter, the parties agreed to a settlement of all claims for $1,500,000, which exceeded the Georgia school board risk management's policy limits. Neal stated that “this is the biggest payout in Georgia history in a school tort case with a defense of immunity.”
Lexis Advance subscribers may view the summary here: Olivia Johnson v. Ashley Matheison and Sean Kelly; 2016 Jury Verdicts LEXIS 4877
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