Legal Opinion
Higgins v. East Valley School District
Court of Appeals of Washington
Decided July 30, 1985No. 6336-4-IIIPublishedCited by 2 opinions
1Opinion of the CourtThompson, J.
Barry Lee Higgins seeks a new trial on the issue of damages, contending the trial court erred in failing to give his proposed instruction on standard of care. We affirm.
In April 1980, 18-year-old Barry Higgins, an East Valley High School junior, was seriously burned when his shirt ignited while he was standing with his back to a forge during metal shop class. Mr. Higgins brought suit against East Valley School District and the shop instructor.
An uncontroverted psychological assessment established Mr. Higgins' mental age at 11. The court refused to give Mr. Higgins' jury instruction which…
2Cases cited10 opinions
- Feldman v. HowardOhio Supreme Court · 1967
- Avey v. St. Francis Hospital & School of Nursing, Inc.Supreme Court of Kansas · 1968
- Mochen v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976
- Criez v. Sunset Motor Co.Washington Supreme Court · 1923
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3Cited by2 opinions
- Dever v. FowlerCourt of Appeals of Washington · 1992
- Dever v. FowlerCourt of Appeals of Washington · 1992