Deliberations continue in case of death on playground

Kim Smith

Tuesday, Aug. 22, 2000 | 11:29 a.m.

A jury began its second day of deliberations this morning in a case which three teachers and the Clark County School District are accused of allowing a middle school student to die on a playground.

The jury deliberated about two hours Monday in the Kimberly Curtis case without reaching a verdict.

Ruth and George Curtis are suing the school district and teachers Kim Jefferson, Richard Ebarb and Laura Frisbie for slightly more than $3 million for the Feb. 22, 1995, death of their 13-year-old daughter.

Kimberly Curtis died shortly after collapsing during her physical education class at White Middle School in Henderson. The Curtis family contends the school district was negligent in not training its teachers cardiopulmonary resuscitation.

School district attorney Blair Parker is arguing that at the time, teachers had all of the first-aid training that the state required. The teachers' actions and the school district policies did not contribute to the girl's death, he said.

During closing arguments Monday, the Curtis' attorney, Robert Murdock, went through a list of things the teachers did not do when the teenager collapsed.

As he checked yes or no on a poster board, Murdock said it looked like a test. In this test, he said, the teachers got 3.5 answers right out of 18 questions or 19 percent.

"We all know what one of their students would get if they came up with a 19 percent on one of their tests," Murdock said. "Ladies and gentlemen, they'd get an F. They would be failed."

The teachers waited approximately four minutes before they began CPR and called 911, Murdock said.

Murdock reminded the jurors that one of the experts who testified during the weeklong trial that had CPR been started within 30 to 60 seconds the girl would have had a 75 percent chance of surviving.

"If they had started it right away we wouldn't be here today," Murdock said.

Although they can't bring the girl back, Murdock told the jurors they had the capability of getting justice for Kimberly Curtis.

"I told Ruth and George when they came into my office that 'I can't make you happy, I can't bring back Kim,' but that we could try to make people take responsibility for their actions," Murdock said. "This is not a lottery. This is not a slot machine, it's not the Megabucks. But it is justice, scant justice at that."

Parker, during his closing arguments, told the jurors that the teachers, too, were traumatized over the girl's death. It's been hard for them to listen to the lies said throughout the trial when they went into teaching because of their love of children.

Despite Murdock's contention, the teachers did not "just sit there and do nothing," Parker said.

Although the teachers may have initially said they called 911 after four minutes, Parker reminded the jurors that Ebarb is now estimating it took him about 68 seconds to run back and forth to the school office and for CPR to be started by a nurse.

"Sixty-eight seconds is an awfully long time," Parker said before falling silent as the clock ticked off 68 seconds.

"A lot can happen in 68 seconds," Parker said, breaking the poignant silence.

There is no way the teachers could have known that the girl suffered from a rare heart disease called hypertrophic cardiomyopathy and even if they had, Parker reminded the jury of one expert who testified 60 percent of the people who suffer from the disease die and they die suddenly.

Who could have dreamed that a 13-year-old could possibly be suffering a heart attack, Parker asked. When a child is down on a playground, most people would automatically think a broken leg or asthma.

It is "pure speculation" to say Kimberly Curtis would have lived had CPR been started within seconds, Parker said.

It is unfortunate, Parker said that in today's world, people can't die without someone having to be blamed for it.

"Every injury and death doesn't mean money needs to be paid out," Parker said.

In July 1997, then Gov. Bill Miller signed into law Senate Bill 316 requiring physical education teachers be certified in CPR and get recertified annually.

The bill was enacted after two years of work by the Curtis family.

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