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Plaintiff Alleges Negligent Supervision Against Public Entities After Child's Playground Injury

NORTHERN CALIFORNIA RECORD

Wednesday, March 26, 2025

Plaintiff Alleges Negligent Supervision Against Public Entities After Child's Playground Injury

State Court
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Superior Court of California - County of San Francisco | Official website

In a shocking case that underscores the importance of child safety and supervision, a young girl has filed a lawsuit through her guardian against multiple public entities for injuries sustained during a school field trip. The complaint was filed by Linda E. Garcia Juarez, represented by her guardian ad litem Dorta E. Juarez Garcia, in the Superior Court of California, County of San Francisco on March 12, 2025. The defendants include the San Francisco Unified School District (SFUSD), San Francisco County Office of Education (SFCOE), and the City and County of San Francisco.

The incident occurred on April 16, 2024, when eight-year-old Linda E. Garcia Juarez was on a second-grade field trip to Sue Bierman Park with Sanchez Elementary School. While climbing a play structure at the park, she fell backward onto her back, sustaining serious injuries including a compression fracture of the lumbar spine and diffuse amplified musculoskeletal pain syndrome. The complaint alleges that James Kennedy, the teacher responsible for supervising the students during the trip, left Linda unattended after her fall and instructed another individual not to call her mother. This alleged negligence forms part of the basis for claims against SFUSD and SFCOE under Government Code sections 815.2 and 820 as well as Education Code section 44807.

The lawsuit also accuses the City and County of San Francisco of maintaining dangerous conditions at Sue Bierman Park due to insufficient padding under playground structures—a violation of Government Code Section 835—which allegedly contributed to Linda's injuries. According to the complaint, these conditions were known or should have been known by city officials who failed to take corrective action.

Plaintiff Linda E. Garcia Juarez is seeking various forms of relief from the court including general damages for physical and emotional suffering, special damages for medical expenses incurred and anticipated in the future, compensatory damages for loss of earnings capacity, interest on all sums awarded from the date of injury, as well as legal costs associated with bringing this suit.

The case is being handled by attorney Harout Messrelian from Messrelian Law Inc., representing Linda E. Garcia Juarez through her guardian ad litem Dorta E. Juarez Garcia. The case ID is CGC-25-623302 but no judge has been named yet in public records related to this filing.

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