Texas Verdicts

Amount:

$1,000,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Federal

Court:

United States District Court, Northern District, Fort Worth

Injury Type(s):

Case Type:

Civil Rights – ADA

Case Name:

Breggett A. Rideau and Terrence Rideau, individually and as next friend of T.R. v. Keller Independent School District,
No. 4:10-cv-00926-Y

Date:

October , 2013

Plaintiff(s):

T.R. (Male, 14 Years), 

Terrence Rideau (Male), 

Breggett A. Rideau (Female)

Plaintiff Attorney(s):

Michael K. Hurst;
Gruber, Hurst, Johansen & Shank;
Dallas,
TX,
for
T.R., Terrence Rideau, Breggett A. Rideau ■ A. Shonn Brown;
Gruber, Hurst, Johansen Hail Shank LLP;
Dallas,
TX,
for
T.R., Terrence Rideau, Breggett A. Rideau ■ Joshua M. Sandler;
Gruber, Hurst, Johansen & Shank;
Dallas,
TX,
for
T.R., Terrence Rideau, Breggett A. Rideau

Plaintiff Expert(s):

Susan Brooks;

Life Care Planning;
Dallas,
TX called by
Michael K. Hurst, A. Shonn Brown, Joshua M. Sandler ■ Gerald So;
M.D.;
Neurology;
Dallas,
TX called by
Michael K. Hurst, A. Shonn Brown, Joshua M. Sandler

Defendant(s):

Keller Independent School District

Defense Attorney(s):

Thomas P. Brandt;
Fanning Harper Martinson Brandt & Kutchin;
Dallas,
TX,
for
Keller Independent School District ■ Joshua A. Skinner;
Fanning, Harper, Martinson, Brandt & Kutchin;
Dallas,
TX,
for
Keller Independent School District

In 2008, the plaintiff, a 14-year-old boy, was a special education student in the Keller Independent School District. He had brain damage that caused him to be confined to a wheelchair and unable to speak. The boys parents, Breggett A. Rideau and Terrence Rideau, individually and on behalf of their son, sued the school district, claiming violations of the Americans with Disabilities Act. Between 2008 and 2010, the boy sustained multiple injuries due to mistreatment by a teacher employed by the school district, according to his parents. Plaintiff’s counsel argued that the teacher repeatedly dropped him when transferring him in and out of his wheelchair. He was transported multiple times by the teacher alone, instead of by two people as required by school regulations, they claimed. Plaintiffs’ counsel argued that school officials in 2008 received complaints from three school employees who claimed to have seen the teacher physically mistreating and verbally abusing special education students in his care, but the district failed to take action. This inaction violated the boy’s rights under the ADA, counsel argued. Defense counsel denied that the teacher in question had mistreated the boy or any other students in his care.

They boy was treated in the emergency room three times during the time period covered by the suit. He sustained a simple fracture of his dominant right thumb, a dislocation of his right knee and a severe head contusion. They fracture was treated with external fixation. Plaintiffs’ counsel argued that the boy developed dystonia, a neurological condition causing uncontrolled muscle contractions, during his time at the school and the condition was aggravated by his injuries. The treating neurologist testified that dystonia can be aggravated by physical and emotional trauma. His condition has become severe enough that he requires a full-time, live-in aide, according to his counsel. The plaintiffs sought $4 million for past and future pain and suffering, emotional distress, physical impairment and medical expenses. Defense counsel maintained that the plaintiffs could not prove td the boy sustained his claimed injuries while under the teacher’s care or on school grounds.

The jury found that the school district had violated the ADA and awarded the plaintiffs $1 million.

Breggett A. Rideau $100,000 Wrongful Death: Past Mental Anguish Terrence Rideau $50,000 Wrongful Death: Past Mental Anguish T.R. $7,000 Personal Injury: Past Medical Cost; $320,000 Personal Injury: Future Medical Cost; $3,000 Personal Injury: Past Physical Impairment; $520,000 Personal Injury: Past Pain And Suffering

Judge:

Terry R. Means

Trial Length:

2
 weeks

Trial Deliberations:

3
 hours

Jury Composition:

1 male/ 6 female

This report is based on information that was gleaned from court documents and provided by plaintiff’s counsel. Defense counsel did not respond to calls for comment.