Vol. 35 No.45
       ©2007 Marianas Variety
Thursday, May 17, 2007 www.mvariety.com
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GPSS ordered to pay $28K to injured student over wet school floor

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 student’s 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.