Scott J. Corwin, A Professional Law Corporation
Take Action - Free Consultations

Harsh wrongful death defense met with hefty reward for plaintiffs

Date Updated: Jun 8, 2017

For many parents, sending a child on a school bus off to preschool is a bit scary. Still, the child is taken care of by responsible adults, right? He'll be okay.

This was likely the thought process of the parents of a 3-year-old disabled boy who sent their son off to his California preschool class. Their boy never made it home from school that day because he died while riding the bus. The parents sued the school for wrongful death and recently were victorious in court.

When strapping a wheelchair into a vehicle such as the bus that carried the child, a lot of precision is required to make sure the child and the chair are secure and will remain so while the vehicle is moving. The child isn't supposed to be the one responsible for his safety. Adults supervising him are, and that didn't happen.

According to the wrongful death lawsuit, the boy wasn't securely strapped into his seat or properly watched by the bus driver. During his bus ride, he was able to slide down in his seat so his neck became bound by straps. He died of strangulation while sitting right behind the driver. Because of the victim's location, the driver couldn't see him or the struggle he was going through before he died.

When a child has limited communication skills like this boy it is important that restraints are double checked by the driver, or another person responsible for the safe transport of the child. But in this case it was not the bus driver or school staff that first noticed that the boy was being injured by a shoulder strap that would ultimately end his life. It was a parent of another child on the bus.

Instead of being apologetic and offering restitution to the child's family for its deadly negligence, the district initially denied responsibility. When they did admit they were wrong, they attempted to minimize the impact of the child's death based on the fact that he was disabled and would have cost his parents a lot of money in medical care.

The family's wrongful death case lasted far longer than it needed to, but in the end the jury determined that the value of a child's life is not something that is defined by his limitations. The parents were finally compensated for their loss with a reward that sets a record in their county.

Source: San Juan Capistrano Patch, "Jury Gives 'Record' Award in Wrongful Death of Capo Student," Paige Austin, December 7, 2012

No Comments

Leave a comment
Comment Information
  • "5+ Stars for this attorney! There is no better in my book. Thank you for being a great attorney and being there for me when I needed someone on my side. This is the attorney to hire!"
  • "Scott Corwin exceeded my expectations. He walked me through the entire process but didn't waste my time. He was professional, aggressive, communicative, and efficient. If you want the best, you've found him."
  • "Scott was diligent, professional, compassionate, honest, and responsive. Scott was able to get me 10 times more than I thought I would receive for my accident. I couldn't recommend a better personal injury lawyer."
  • "Mr. Corwin is truly an amazing professional with outstanding tenacity and incredible skill for the law. If you want an Attorney that will work and breathe your case, day and night, then Mr. Corwin is the right man."
  • "I was told that Scott's the best, and he didn't let me down. From the first meeting all the way down through settlement I felt like my interests were being represented by someone knowledgeable, skilled, and that genuinely cared about my outcome."
  • "The settlement Scott obtained for me has provided my family with the security we need for the future. I recommend Scott Corwin to anyone injured in an accident, whether it's a small case or a life altering injury. He will fight to get you what you deserve."
  • "The "Force" is with this man! I'm grateful for Mr. Corwin's professionalism and highly recommend him to anyone in need of hi-caliber legal representation."
  • "Fast, easy, reliable, friendly, and hardworking! Fastest results I've ever heard of. I have only praises to sing about Scott! Will definitely be sending all my friends his way!"
  • "I got into a car accident and I thank god I found Scott Corwin right away. I was treated with respect and all my questions or concerns were always readily answered. He is a rare gem and I highly recommend him."
  • "I appreciate you for the respectful manner in which you interact with your clients. My experience with you was exactly what I think an attorney client relationship should be. Your keen sensibilities set you apart. You are the consummate professional."
  • "I'd recommend Scott to anyone and call upon his services again with no hesitation. He's truly a "super lawyer" -- do not wait another minute - you have found your man. Retain him, follow his instructions, and move on with your life. He'll handle everything - what a relief!"
  • "I know who the best auto personal injury lawyer is in town: Scott J. Corwin."
  • "I located Scott due to stellar reviews that I found online. He exceeded my expectations and I could not be happier with my settlement."
  • "I was very lucky to come across Scott J. Corwin. Scott made sure I got all the medical treatment I needed. I have worked with many attorneys in the past but Scott is by far the most knowledgeable, responsible, and detail-oriented. I highly recommend him."
  • "You did a tremendous job! I was extremely surprised and happy with my settlement amount. It was higher than I expected! You definitely are the Super Lawyer!"
  • "If you need a personal injury attorney who listens, cares about you, is candid, thorough, reassuring, who will be your legal advocate to protect your rights, and will do all he can to obtain the best possible settlement for you, then Scott J. Corwin is that lawyer."
  • "I have worked with many attorneys in the past but Scott is by far the most knowledgeable, responsible, and detail-oriented attorney I have worked with. I highly recommend him."
  • "Thank you for your professionalism. You maximized the result for your client and did so much faster than 99% of lawyers ever could or would."
  • "I am not sure dealing with the aftermath of a car accident can ever be hassle-free, but using Scott as your lawyer is about as close as you'll ever get. I give him my most enthusiastic recommendation."
  • "I enormously appreciate all of the help and hard work you've done for me and for taking care of my doctor's bills."
  • "Scott was kind, caring and compassionate as well as being an aggressive attorney who was not afraid to take on the insurance company for us. He dealt with everything so I didn't have to deal with anything. I give Scott my highest recommendation."

Hear what our clients have to say

Schedule a Free Consultation

Get the Answers You Need Fast. No Recovery, No Fee. Schedule a Free Consultation Today.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Awards & Recognition

Back to top