Court Denies Dismissal of Assault Claims in Private School Laser Injury Case

August 28, 2026

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Andre Karchemsky, Esq.
Golden Coast Trial Attorneys

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A Van Nuys Superior Court judge issued a mixed ruling in a lawsuit against Oaks Christian School, a private institution in Westlake Village, California, involving a student’s eye injury allegedly caused by a teacher’s use of a confiscated laser pointer. The court denied the school’s motion to dismiss the student’s assault and battery claims but struck allegations related to punitive damages and negligence.

The case centers on a 15-year-old seventh-grade student who claims permanent damage to his right eye after a teacher pointed a high-powered green laser pointer directly into his eye during class in 2024. The ruling allows the assault and battery claims to move forward, highlighting the legal complexities when school employee conduct causes injury.

Key Takeaways

  • The court rejected the school’s argument that the teacher’s conduct was outside the scope of employment, allowing assault and battery claims to proceed.
  • Allegations of negligence and punitive damages against the school were dismissed at this stage.
  • The case underscores challenges in establishing liability for injuries caused by school staff actions involving confiscated student property.

Background of the Laser Pointer Eye Injury

The lawsuit alleges that on April 29, 2024, the student brought a “532nm 5 mw high power green laser pointer torch” to Oaks Christian School, which was confiscated by his teacher. Approximately one week later, the student requested the return of the device, and the teacher reportedly began pointing the laser at various objects and students in the classroom.

During class, the teacher allegedly directed the laser beam into the student’s right eye, causing him to see a bright green light followed by blurred vision. The student informed a classmate of his symptoms shortly thereafter. The complaint claims the injury resulted in permanent damage to the student’s eye.

Legal Proceedings and Court Ruling

Oaks Christian School moved to dismiss the assault and battery claims, arguing the teacher’s actions were personal and unrelated to her employment duties. The school also sought to remove allegations of negligence and punitive damages from the complaint.

Judge Karen Moskowitz denied the motion to dismiss the assault and battery claims, allowing the case to proceed on those grounds. However, the judge granted the motion to strike the negligence and punitive damages allegations, narrowing the scope of the lawsuit.

Defense attorneys noted in court filings that the student had been disruptive in class and declined medical attention after the incident, citing a desire not to be late for baseball practice.

Liability Issues and Evidence Challenges in School Injury Cases

This case highlights the difficulty in determining liability when a school employee’s conduct causes injury, especially when the conduct may be outside normal job duties. The school’s defense rests on the argument that the teacher’s actions were personal and unauthorized.

Key legal issues include whether the teacher’s use of the laser pointer was within the scope of employment, which affects the school’s vicarious liability. The court’s decision to allow assault and battery claims to proceed suggests a willingness to examine these facts more closely at trial.

Evidence such as classroom surveillance, witness testimony, and medical records will be critical in establishing the circumstances of the injury and the extent of damages. The case also raises questions about the school’s policies on confiscated student property and supervision.

Why This Case Matters for California Personal Injury Litigation

Injuries caused by school staff can involve complex liability issues, including employer responsibility and the limits of employee conduct. This ruling demonstrates that courts may hold schools accountable for harmful actions by employees, even when those actions are disputed as personal or unauthorized.

For families and students, the case underscores the importance of thorough investigation and evidence preservation in claims involving school-related injuries. It also illustrates how assault and battery claims can be viable legal theories in personal injury lawsuits against educational institutions.

California injury claims involving minors and schools often require careful evaluation of multiple factors, including the role of the employee, school policies, and the nature of the injury. Cases like this can influence how schools manage student safety and employee conduct going forward.

Frequently Asked Questions

Can a school be held liable for a teacher’s personal misconduct?

Yes, if the misconduct occurs within the scope of employment or the school is found negligent in supervision, it may be liable under certain circumstances.

What does it mean that punitive damages were stricken from the complaint?

The court removed claims seeking punitive damages at this stage, meaning the plaintiff cannot currently pursue damages intended to punish the defendant.

How important is evidence like surveillance or witness testimony in these cases?

Such evidence is crucial to establish what happened, the extent of injuries, and whether the employee acted within their job duties.

What legal claims are common in school injury lawsuits?

Assault and battery, negligence, and premises liability are common claims, depending on the facts of the incident.

Cases involving serious injuries at schools require careful legal analysis of liability, evidence, and damages. For those affected by similar incidents, consulting with experienced Los Angeles County personal injury attorneys can provide guidance tailored to the specific circumstances.

For a confidential discussion about your case, consider requesting a free case review.

Original reporting on this case is available at mynewsla.com.

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ABOUT THE AUTHOR

Andre Karchemsky, Esq.

Andre Karchemsky is a civil litigator with Golden Coast Trial Attorneys who represents individuals and families in personal injury matters throughout California. Before advocating for plaintiffs, he represented major corporations, public entities, and insurance carriers in complex civil litigation. He now uses that defense-side experience to help injured people understand how commercial carriers, insurers, and corporate defendants investigate and defend serious truck accident claims.

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