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Accident just occurred near Vons and Dave’s Dogs on Hollister Ave in Santa Barbara CA

$8 million settlement reached in Danville student’s drowning during swim class
DANVILLE — Just days before a trial was set to begin, an $8 million settlement has been reached over a lawsuit that blamed the San Ramon Valley Unified School District for the drowning of a 15-year-old Danville boy during his high school swim class, according to an attorney representing the student’s parents. “I’m relieved for the family that the litigation is over, but their pain and suffering are never going to go away,” Walnut Creek attorney Andrew Schwartz said Tuesday about his clients, Karen and Thomas Curry. Schwartz said the school district filed the monetary settlement on Friday. The civil trial had been scheduled to begin Feb. 18 in Contra Costa County Superior Court. The district was not immediately available to comment about the settlement. Benjamin Curry drowned on May 8, 2018 after 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. The teacher, Aaron Becker, warned students that if they touched the lane line he would extend the treading time, which he did by 30 seconds. It was during the extra time that Benjamin Curry 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 he was looking at his cell phone when Curry drowned, according to his attorney, Jason Sherman of Sacramento.

Police and coroner’s officials determined Curry died from accidental drowning. His family became upset with the school, alleging officials there allowed a rumor that he killed himself to linger too long. Shortly after Curry’s death, some students speculated on television news reports that he might have killed himself; 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 Curry’s death.

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