Williams v. San Diego Unified School District

GRIFFIN, J.

Plaintiff and appellant, Morton Williams, (hereinafter referred to as plaintiff) through his guardian

ad litem,

Martin Larson, brought this action on October 29, 1952, against defendant and respondent San Diego Unified School District, a governmental agency, alleging that on May 17, 1944, when plaintiff was 11 years old, and during one of the courses of study of medieval history at an elementary school class which he was attending, he was directed to jump on a board which had been so placed that when a rock was placed on the opposite end it would catapult and hurl the stone in the

air;

that in so doing the rock flew against plaintiff’s face and destroyed the sight of his left eye. He then alleges that within the time required by law there was filed on behalf of plaintiff, with the secretary and clerk of defendant school district, a verified claim in reference to said accident and injury.

In a second cause of action he claims lack of proper supervision on the part of defendant’s teacher and agents. In a third cause of action, he realleges all of the paragraphs contained in the first cause of action by reference, and alleges that within

92

days after May 17, 1944, a claim was filed, as indicated, but states that it was not filed within the required 90 days because plaintiff was wholly incapacitated physically and mentally, by reason of his said injuries, to file it within said 90 days. In a fourth cause of action there is a similar allegation as that contained in the third cause of action, and he alleges failure to file a claim within 90 days upon various grounds, indicating that plaintiff’s mother had consulted a legal representative of defendant school district within the statutory period concerning the procedure to recover for the

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plaintiff, and was informed and advised to place the matter of the claim in the hands of some attorney friend of said legal agent; that the mother did this, without the knowledge of plaintiff, and said friend filed a claim on the ninety-second day for only $10,000; that neither said defendant’s agent nor his friend advised plaintiff’s mother that said claim should be filed within 90 days after May 17, 1944, and neither plaintiff nor his mother knew of such requirement; and that, accordingly, defendant is estopped to assert the statute of limitation.