LAUSD wants to exclude evidence of corrective steps from jury in fentanyl overdose lawsuit
LOS ANGELES (CNS) -- The Los Angeles Unified School District wants a judge to exclude from trial all evidence of corrective steps the district took after a 15-year-old girl died of a fentanyl overdose in a high school restroom in 2022, arguing allowing a jury to hear such information would be prejudicial.
Plaintiff Elena Perez's Los Angeles Superior Court lawsuit alleges that Bernstein High School officials knew there was a problem with drug use at the Hollywood campus, but took no action that could have saved her daughter, Melanie Ramos. The coroner's report stated that Melanie died from an accidental overdose of fentanyl on Sept. 13, 2022.
But in court papers filed April 15 with Judge Lisa R. Jaskol, lawyers for the district contend that it is well settled under California law that any evidence of "subsequent remedial measures'' in a negligence action is inadmissible to prove liability.
"The school district anticipates that plaintiff may attempt to introduce evidence of measures that were taken and policies made and changed after Sep. 13, 2022, in an attempt to prove liability,'' district lawyers state in their court papers, citing as examples students having badges to identify their schools, changes to supervision schedules, the addition of more campus aides, additional monitoring of bathrooms and areas around campus and policies regarding use of the anti-overdose medication Narcan.
The teen's death prompted the district to announce that all of its campuses would be supplied with Narcan. Gov. Gavin Newsom subsequently signed into law SB 10, known as Melanie's Law, requiring public schools to train employees on opioid prevention techniques and response, and to increase awareness about the dangers of fentanyl.
But in their court papers, Perez's attorneys contend that the law regarding remedial measures is not absolute. They say the relief sought by the district is problematic as the order defendant seeks is so overbroad that some relevant and proper reference to subsequent remedial measures may be improperly excluded.
A recognized exception to the law is evidence of subsequent precautions or repairs that may be properly admitted in order to impeach witness testimony, or to show that a defendant acknowledged an obligation to take certain safety steps, the plaintiff's lawyers further state in their court papers.
"For instance, one of the witnesses may testify that the supervision at Bernstein was perfectly fine and that students were properly supervised,'' Perez's attorneys state in their pleadings. "Therefore, evidence of remedial measures may be used to impeach this testimony.''
In their earlier court papers, LAUSD lawyers said Bernstein Principal Alejandro Ramirez and Assistant Principal Andrew Kasek created a plan that includes monitoring the hallways, restrooms and quad, and Ramirez had a separate strategy to address student absenteeism, the district lawyers further state.
Nonetheless, Melanie and a friend snorted fentanyl inside a bathroom stall in the quad, according to the LAUSD lawyers' pleadings.
Melanie's friend had overdose symptoms, but survived. Days later, police announced the arrest of a teenage boy who allegedly sold the drug to the two students on the Bernstein campus, and a second teen boy was arrested for allegedly peddling drugs to another student at nearby Lexington Park.
Then-Los Angeles Police Chief Michel Moore said both suspects were students at APEX Academy charter school, which is located on the Bernstein High School campus.
Perez sued the district for negligence and wrongful death in December 2022. Trial had been scheduled May 9, but on Monday the judge granted a delay until Sept. 15 so Perez's attorneys have more time to address a new set of affirmative defenses filed by the district on April 1. The LAUSD's motion to dismiss Perez's case will be heard June 18.
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