Confidentially or Not, the Eveland Settlement is a desparaging Statement of School Boards and their True Intentions

Confidentially, the Eveland settlement is a crying shame

Originally written and publihsed 

 by Maura Larkin

The San Diego Education Report

March 10, 2012

"A year ago, Daniel Shinoff, prominent attorney the the San Marcos USD, needled me (Maura Larkin) for raising the dark questions that pounded my skull like a migraine. 'being the mensch you are, he wrote, I am confident you will extend your apologies to this fine educational community when the truth comes out in court.' Well, Mr. Shinoff, the truth hasn’t come out in court. Only the District's dollars."

Is San Marcos Unified School District tacitly admitting responsibility by way of the $4.75 million judgement the court has ordered for Scotty Eveland's injuries. Why didn't they settle with the Eveland family in the first place? It's mind-boggling to think how much the school district paid its lawyers to attend over 300 depositions, countless motions, and trial preparations. A Million? More? That money should have gone to the Eveland family! So why the charade? The school board and administrators should rethink their attitude toward students and their families--and to the public at large.

The school district's insurance premiums are going to go up as a result of this case--and the taxpayers will be stuck with those increased bills for many years to come.

Was attorney Danielle Shinoff working for the public good, or was he working to protect a specific coach who had made a catastrophically bad decision? Was he also working to protect other individuals in power in San Marcos Unified School District? Would the school district have been better off to settle with Scott Eveland years ago? We're pretty sure Shinoff's coffers are much the better off for convincing the school board to fight. But Why?

Is this really how the public wants lawyers to behave when they are supposedly working for the public?

See all Maura Laurkins posts regarding the Scott Eveland case.




the Sand Diego, Union-Times
by Logan Jenkins

March 9, 2012

There is no shame. Only dollars.

Nearly a year ago, I started a column with a personal anxiety:

“My biggest fear about Eveland vs. San Marcos Unified School District is that the lawsuit will be settled without a full accounting before a jury.”

On Friday, that worry was realized following a phony Kabuki dance that no one ever expected to lead to a jury trial.

In a matter of minutes, the financial terms of the 11th-hour settlement were announced — and a curtain of silence descended.

The two sides, which argued diametrically opposed accounts of what happened to Scotty Eveland, agreed not to “disparage” the other and to “refrain from rehashing the disputed allegations.”

There is no blame. Only a relatively paltry $4.375 million (minus hefty attorney fees and accrued medical liens), doled out by a remote insurance company.

There’s no lesson. Only a joint statement that appears to have been crafted by Mary Poppins on behalf of the San Marcos school district.

There’s no suggestion, the joint statement says, that “professional and hardworking coaches, athletic trainers, administrators and staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high-school football game (italics mine).”

Mind you, no one ever alleged that Scotty Eveland’s Mission Hills coach, Chris Hauser, intentionally inflicted a life-changing brain injury upon his second-string middle linebacker.

What was alleged, assuming witnesses were telling the truth, was a “catastrophic error of judgment” to send Eveland into the game, in the words of the neurosurgeon who operated upon Eveland after he collapsed on the field.

Also alleged was a conspiracy to cover up the coach’s alleged decision when Eveland’s headache allegedly was so severe he couldn’t focus on the ball.

Given the unavoidable conclusion that some of the players in this tragedy have lied through their teeth — either plaintiff witnesses or school employees — then is a reckoning on behalf of all young athletes too much to ask?

Evidently so.

There is no shame nor contrition. Only $ dollars.

  The two sides, which argued diametrically opposed accounts of what happened to Scotty Eveland, agreed not to “disparage” the other and to “refrain from rehashing the disputed allegations.” There is no (assignment of) blame. Only a relatively paltry $4.375 million (minus hefty attorney fees and accrued medical liens), doled out by a remote (indifferent) insurance company.

There’s no lesson. Only a joint statement that appears to have been crafted by Mary Poppins on behalf of the San Marcos school district. There’s no suggestion, the joint statement says, that professional and hardworking coaches, athletic trainers, administrators and staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high-school football game.

Mind you, no one ever alleged that Scotty Eveland’s Mission Hills coach, Chris Hauser, intentionally inflicted a life-changing brain injury upon his second-string middle linebacker.

What was alleged, assuming witnesses were telling the truth, was a “catastrophic error of judgment” to send Eveland into the game, in the words of the neurosurgeon who operated upon Eveland after he collapsed on the field.

Also alleged was a conspiracy to cover up the coach’s alleged decision when Eveland’s headache allegedly was so severe he couldn’t focus on the ball. Given the unavoidable conclusion that some of the football players in this tragedy have lied through their teeth — either plaintiff, witnesses or school employees — then is a reckoning to come for a  Student atheletes, coaches, and  others?  No once again, only Dollars bearing no witness and no standard.

Chicago’s Police Superintendent, Garry McCarthy is Taking Aim at (Gun Manufacturers') Lobbyists

Chicago’s Police Superintendent, Garry McCarthy is taking aim at (gun) lobbyists who mcCarthy says prevent politicians, from implementing more gun control measures. (Because they, the vicious gun lobbyists, have apparently discovered that the smell of freshly minted $20s and $50s alter the living brain cells of humans - well especially Human Politicos; wave stacks of $20s in front of the otherwise up-standing politician and that politician; he or she will become giddy,  confused, dizzy, completely malleable in terms of their values. Kind of like waving oxymoron, excuse me, Oxycodon in front of Rush Limbaugh, an otherwise caring, loving and insightful “talking head” who with the help of Rupert Murdoch seek only the essence of truth and fairness in everything they air).

(This unseen life altering presence is a kin to a disease for most politicians. Rumors are leaning toward another re-wright of the  Americans with Disabilities Act. ADAAA 2011)

“If there was a special interest influencing police work, I believe that would be called corruption,” McCarthy said. “So, if it has to do with donating money, versus a popular vote, I think we have a bigger problem in this country and someone has to wake up to that.”
Gun rights advocates seized on the comments, saying that McCarthy was blaming the city’s gun violence on donors and lobbyists who advocate for the Second Amendment.

“Garry McCarthy’s understanding of our Constitution barely qualifies him as a meter maid, never mind the chief of the nation’s third largest police department,” Illinois State Rifle Association Executive Director Richard Pearson said.

Despite having some of the toughest gun laws in the nation, Chicago saw more than 500 homicides last year for the first time since 2008, and some 43 murders took place in January. That has prompted several pro-gun rights groups to say it proves new gun control measures aren’t the answer.

McCarthy told FoxNews.com Owned and controlled by aforementioned Murdoch, he never advocated “getting rid of the Second Amendment.”  He said he was making the point that there is popular support for new gun control laws and that lobbyists are stopping elected officials from reflecting the will of the people.

“How is it [special interests] are controlling politicians?” he said. “How are they controlling elected officials? It’s not by popular vote.”

McCarthy in the past has blamed “government-sponsored racism” and Sarah Palin for Chicago’s gun violence. He has been outspoken in his opposition to handgun proliferation, telling a radio panel last month he equates fewer guns with improved public safety.

“When people say concealed carry, I say Trayvon Martin,” McCarthy said, referring to the Florida teen who was shot and killed last February by a neighborhood watch volunteer, sparking controversy across the country. “I say Trayvon Martin because the answer to guns is not more guns, and just simply putting guns in people’s hands is going to lead to more tragedy.”

McCarthy backs banning assault weapons and high-capacity magazines, requiring background checks for anyone who buys a gun, mandatory reporting of the sale, transfer, loss or theft of a gun and mandatory minimum prison sentences for people convicted of illegally possessing a gun.