COMPLAINT FOR DAMAGES

The Plaintiffs allege as follows:

I.  PARTIES
Plaintiff Brenda L. High is the Personal Representative of the Estate of Jared B. High, deceased.  At all times relevant, Jared High was a resident of Franklin County, Washington.

Plaintiffs ...were the parents and legal guardians of Jared B. High.  At all times relevant, ...were residents of Franklin County, Washington.

Defendant is a Washington municipal corporation located in Franklin County, Washington.

Defendants C.S. and J.H. are the parents and legal guardians of Andrew S, a minor.  At all times relevant, ...were residents of Franklin County, Washington.

II.  JURISDICTION AND VENUE
This court has jurisdiction over the parties to this action pursuant to RCW 4.12.025 as the defendants reside and/or do business in Franklin County, Washington. 

Venue is proper in Franklin County Superior Court pursuant to RCW 4.12.025 as the negligent acts and omissions complained of occurred in Franklin County, Washington.

Subject matter jurisdiction is proper in Franklin County Superior Court because legal relief in excess of $300.00 is requested.

All conditions precedent to filing this action have been met; specifically, as to Public School District No. 1, the claims herein set forth were presented to Defendant Public School District No. 1 as required by RCW. 4.96 et seq., and no relief has been offered.

III.  BACKGROUND AND FACTS
Jared B. High was a sixth grade student at Middle School, Pasco, Washington during the 1997-98 school year.  Middle School is supervised by Public School District No. 1.  Defendant Public School District No. 1 maintains direction and control over Middle School.

Jared B. High was enrolled in special education programs at Middle School to assist with his speech and hearing development.  Jared was the manager of the eighth grade baseball team.

Andrew S. was an eighth grade student at Middle School, Pasco, Washington during the 1997-98 school year.  Andrew was a member of the eighth grade baseball team.  Andrew S. had a history of committing violent and harmful actions.  His parents and legal guardians, Defendants C.S. and J.H., knew of Andrew's tendencies to engage in harmful and violent activities but failed to exercise the requisite care to properly supervise A.S. at all times.

Andrew S. had a propensity of hitting and harming fellow students.  On numerous occasions, A.S. had punched, kicked, bothered and harassed other students including Jared B. High.  The principal, vice-principals, teachers, coaches and other employees of Middle School, acting as agents for the Defendant Public School District No. 1, knew or should have known of A.S.' tendencies to engage in harmful and violent activities but failed to exercise the requisite care to properly supervise A.S. at all times.

On or about May 6, 1998, Jared High attended a baseball game at Middle School.  Jared went from outside the school into the gymnasium to telephone his older brother for a ride home.  A.S. did not have a baseball game at that time and was in the vicinity of the gymnasium.  Andrew approached Jared and began to call him names and asked Jared what he was going to do about it.  Jared yelled for a teacher but got no response.  Andrew threw Jared against a wall and then punched him several times.  Jared left the gymnasium and sat on the ground and leaned up against a wall.  Andrew found Jared outside and again threw Jared against the wall and punched him repeatedly.  Jared went back into the school and waited for his brother to arrive.

During the assault, Jared received physical injuries which required medical treatment.  In addition, he suffered fear and humiliation at having been beaten up. 

Despite his only role as the victim in the attack, Jared High was suspended on May 7, 1998 from Middle School for three days by Vice-Principal L.A.

In the days, weeks and months following the attack, Jared became clinically depressed.  As a result of the depression, Jared committed suicide in his parents' home on September 29, 1998.

The claims of Brenda L. High as Personal Representative of the Estate of Jared B. High are brought pursuant to RCW 4.20.046.  The claims are brought pursuant to RCW 4.24.010.

IV.  CAUSES OF ACTION
The Defendant Public School District No. 1 owed a duty of reasonable care to Jared B. High to protect him from reasonably foreseeable dangers by controlling and supervising the conduct of other students including A.S..   Public School District No. 1 breached its duty to Jared B. High by failing to supervise A.S.  As a direct and proximate result of Public School District No. 1's breach of duty, Jared B. High was physically injured, suffered emotional distress, became clinically depressed, and committed suicide.

The Defendants C.S. and J.H. owed a duty of care to supervise their son A.S..  Andrew S. had a dangerous proclivity.  Defendants C.S. and J.H. knew that A.S. had a dangerous proclivity but failed to exercise reasonable care in controlling that dangerous proclivity.  As a direct and proximate cause of C.S. and J.H. negligent supervision of their son, A.S.s, Jared B. High was assaulted and sustained physical injuries, suffered emotional distress, became clinically depressed, and committed suicide.

Pursuant to RCW 4.24.190, Defendants C.S and J.H. are liable for the malicious infliction of personal injury by Andrew S. against Jared B. High.

As a direct and proximate result of the above-described negligence of Defendants Public School District No. 1 and Defendants C.S. and J.S., the Estate of Jared B. High has suffered damages relating to medical and funeral expenses. 

As a direct and proximate result of the above-described negligence of Defendants Public School District No. 1 and Defendants C.S. and J.H., Brenda ...have suffered  damages relating to medical expenses, medication expenses, loss of services and support, loss of love and companionship, and destruction of the parent-child relationship.

WHEREFORE, the Plaintiffs pray that this Court award Plaintiffs judgment against the Defendants as follows:
1. For special damages in an amount to be proven at trial including, but not limited to, medical expenses and funeral expenses.
2. For general damages as will be proven at trial including, but not limited to, loss of services and support, loss of love and companionship, and destruction of the parent-child relationship.
3. For statutory damages against Defendants C.S. and J.H. pursuant to RCW 4.24.190.
4. For such other and further relief as the Court deems just and equitable.

DATED ________September, 1999.

RICHTER-WIMBERLEY, P.S.

HEAR JARED'S VOICE - PLAY - From an interview with Pasco School District investigators concerning the assault.  This is a recording of a recording and it isn't real clear, but worth the download effort.  Jared had a real mellow voice.   Note: If you have a slow load wav, wait for it to load entirely and then play again from the start.   5 minutes long

 

TRIAL ISSUES
http://www.jaredstory.com/trial_brief01.html
http://www.jaredstory.com/trial_brief02.html
http://www.jaredstory.com/trial_brief03.html
http://www.jaredstory.com/trial_brief04.html
http://www.jaredstory.com/trial_brief06.html
http://www.jaredstory.com/trial_brief08.html
http://www.jaredstory.com/trial_brief09.html
http://www.jaredstory.com/trial_brief10.html
http://www.jaredstory.com/trial_brief11.html

 

HIGH v. PASCO SCHOOL DISTRICT
The Lawsuit

PLAINTIFFS' TRIAL BRIEF & FACTUAL BACKGROUND
The Complaint for Damages
THE SETTLEMENT
The Rest of the Story
The Assault
Suicide - The Forseeable Consequences of Bullying
Why the Pasco School District wouldn't help Jared

Court Case about Videos on a bus & bullying

 

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Check out: The National Center of Victims of Crime - www.ncvc.org or call 1-800-394-2255

 

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