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Case Name | Ackerman v. Poway Unified School District | |
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Date | 11/05/2009 | |
Note | [Unpublished] The equitable tolling doctrine does not allow Plaintiff to forego a timely filing of a court action or other proceeding to seek formal redress of injury, within the statutory periods set by the Act. | |
Citation | D054529 | |
WCC Citation | WCC 35752009 CA |
Plaintiff and appellant Terri Ackerman (Plaintiff) was injured in when she slipped and fell at the premises of the school where she taught, which was owned and operated by defendant and respondent Poway Unified School District (the District). (John R. v. Oakland Unified School District (1989) 48 Cal. 3d , 441, fn. In her claim, she alleged that the District was negligent because it had installed painted concrete, as opposed to stained and porous concrete. In the District's letter transmitting the correct form, its official stated that "the District is covering Ms. Ackerman's injury under our workers' compensation plan. ")*fn4 She alleged that the District had issued a change order regarding the concrete surface, which created unreasonably dangerous conditions.
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