$8 million settlement reached in Danville student’s drowning at high school
Schwartz said the trial was set to begin Feb. 18 in Contra Costa County Superior Court.
DANVILLE — Just days before a trial was set to begin, an $8 million settlement has been reached in the drowning of a 15-year-old Danville boy during his high school swim class, according to the attorney for the student’s parents.
Andrew Schwartz of Walnut Creek, the attorney for the parents of Benjamin Curry, said Tuesday that the San Ramon Valley Unified School District filed the monetary settlement Friday. Schwartz said the trial was set to begin Feb. 18 in Contra Costa County Superior Court.
“I’m relieved for the family that the litigation is over, but their pain and suffering are never going to go away,” Schwartz said of Karen and Thomas Curry.
The district was not immediately available for a statement regarding the settlement.
Benjamin Curry drowned May 8, 2018, as he and 56 classmates were told to tread water for three minutes at the end of their physical education class at San Ramon Valley High School in Danville.
Aaron Becker warned the students if they touched the lane line he would extend the time, which he did by 30 seconds. It was during that extra time that Ben became exhausted and slipped underwater, according to the lawsuit.
Becker, who also doubles as the varsity football coach, was standing on a diving board, looking at his cell phone, according to the suit. The teacher denied the allegations that he was looking at his cell phone when Curry drowned, according to his attorney, Jason Sherman of Sacramento.
Police and coroner’s officials determined that Curry died from an accidental drowning, but his family was upset, alleging school officials allowed a rumor that he killed himself to linger too long. Shortly after his death, some students speculated on television news reports that Curry might have killed himself and Schwartz has said school officials could have immediately quelled those rumors.
In its apology letter to the community, Superintendent Rick Schmitt said the district discouraged such “inaccurate and hurtful rumors” after the drowning, including in an email it sent to parents shortly after Ben’s death.
The school district also announced policy changes after the drowning.
On Nov. 2, 2018, Schmitt said the use of swimming pools was suspended in all San Ramon Valley Unified School District physical education classes, and the district now requires dedicated and certified lifeguards to be present when the pools are in use for sports or other activities.
“This event was and will remain a tragedy in our hearts and minds forever,” Schmitt wrote at the time. “The District sincerely apologizes to the Curry family and all community members.”
Check back for updates.