|
By Gina Tabonares
Variety News Staff
THE cash-strapped Guam Public
School System has additional expenses after the Superior Court ordered
it to pay $28,542.25 to a student who was injured in 2002 as a result
of a wet school floor.
GPSS must to pay for the medical expenses and future surgery bills of
Jennalyn C. Raymond, a student at Maria Ulloa Elementary School, who sued
the government of Guam after sustaining lip and mouth injuries when she
fell in her classroom due to a wet floor.
The student was a second grader when her teacher instructed her and her
classmates to line up to wash their hands in preparation for lunch on
May 13, 2002.
Raymond approached the sink, fell, and hit the cabinet near the sink.
The impact caused her to suffer injuries to her mouth and gums. She suffered
dental injuries, and lacerations to the right portion of her lower lip,
which hindered her ability to speak, eat and drink.
Doctors who treated the student recommended further surgical procedures
to fix the disfigurement on her lip.
The student testified that because of her disfigured lip, she suffers
distress caused by teasing from others.
Based on the certifications of a qualified safety expert, the classroom
of Maria A. Ulloa Elementary School had 12-inch vinyl floor tiles and
a test conducted on the floor showed that the wet tiles had an unsafe
slip resistance of 0.31 which is well below the required minimum of 0.50
for a safe walking surface.
After a two-day bench trial last September, Superior Court Judge Katherine
Maraman ruled that there was negligence on the part of GPSS when it did
not provide protective coverings on the floor like mats or carpets when
teachers had established that the floor can get wet and therefore could
cause students to slip.
The court ruled that GPSS breached its duty to exercise ordinary care
in the management of their property and was now liable for the injuries
caused by their failure to exercise ordinary care.
Judge Maraman agreed that as a result of the students injuries,
it is reasonably foreseeable that the student will experience future pain
and suffering related to surgery to repair the prominent scar on her lower
lip.
The judge entered a judgment in favor of the student and ordered GPSS
to pay her a total amount of $28,542.25, plus costs of the legal action.
|