A judge has dismissed a lawsuit brought by a former student who was wounded in 2018 after being hit by gunfire across the street from CHAMPS Charter High School of the Arts in Van Nuys.
Harper Maloney was 18 years old when he brought the negligence suit in June 2022 in Los Angeles Superior Court, seeking unspecified damages.
On Thursday, Judge Lynne M. Hobbs dismissed the case after Maloney did not show up for the scheduled non-jury trial. He also did not appear at the Dec. 7 final status conference.
The judge's ruling was "without prejudice," meaning the lawsuit is subjected to being reinstated with the proper legal explanation. Maloney had been representing himself since July, when his attorney stepped down from the case.
According to Maloney's suit, he went to lunch off campus, which was allowed by the school administration, before the shooting occurred.
"While (Maloney) was returning to campus, he was struck by a bullet fired by a third person and severely injured," the suit stated. "As a result of the shooting and the failure to protect and serve their students, (Maloney) required emergency care to his physical injuries and suffers emotional distress."
The shooting of Maloney and the teacher was reported about 12:10 p.m, Sept. 20, 2018, near a Jack in the Box restaurant in the 6800 block of Van Nuys Boulevard, police said previously.
The school staff "had reason to know of criminal activity and dangerous conditions near/around the premises and they had an obligation to take reasonable security precautions for the protect students at or near the CHAMPS campus, the suit stated.
Maloney, then a junior, was released to a parent later in the day, according to the LAFD.
Follow KNX News 97.1 FM
Twitter | Facebook | Instagram | TikTok