Parents win Cupertino teacher-abuse court trial
(JURY AWARDS $700,000)
By Rodney FooMercury NewsThe parents of a 10-year-old girl diagnosed with
Asperger's syndrome were awarded $700,000 Wednesday by a federal jury in San
Jose that found a Cupertino Union School District special-education teacher
had abused the child.
The seven jurors, who listened to testimony for eight days, deliberated for
five hours before rendering their verdict -- a decision hailed by Craig and
Ann Gaydos, parents of Paige Gaydos, and questioned by attorney Mark Davis,
who represented the district.
"We're totally vindicated,'' Craig Gaydos said from his home in Colorado,
where he is watching Paige and his three other children. ``It's an absolute
relief that it's over. All we wanted to say all along was that Cupertino had
a problem and needed to fix it.''
The Gaydos' lawsuit alleged that Karen Miller, who taught at Eisenhower
Elementary School, had abused their daughter, then 7, in various incidents
in 2001 and 2002.
The accusations against Miller included rubbing a burrito in Paige's face
and hair; kicking the child's foot and spinning her, resulting in a fall;
and pushing the girl to the floor and sitting on her.
Special-education teachers are allowed to use physical restraint as a last
resort if they are trained in proper techniques, district officials say.
The parents later learned about the incidents from a teacher's aide who
worked in Miller's classes.
Paige has been diagnosed with Asperger's syndrome, a neurological disorder
similar to autism.
Miller left the district in 2002 to teach in Clearlake.
In 2003, the Gaydos -- saying their daughter had suffered emotional and
physical pain -- filed a lawsuit, setting up the trial before U.S. District
Court Judge Jeremy Fogel and the jury.
Davis said the evidence did not justify the jury's award against the
district.
"We don't believe the evidence found or supported a finding of liability
against any of the defendants,'' Davis said. ``And given the plaintiff's
injuries -- a bump on the head and a bruise on the arm -- that $700,000 was
excessive.''
Davis, who also represented Miller, said his clients have several options,
including asking Fogel for a new trial or asking him to reverse the
judgment.
If so, the district will have to submit to Fogel its reasons for a reversal
or new trial by March 3.
Link:- http://www.mercurynews.com/mld/mercurynews/news/local/13772473.htm
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