Facts

The instant case arises out of a personal injury action that occurred on June 11, 2002, at defendant’s restaurant. Plaintiff was catastrophically burned when she fell into an open, unguarded fire pit at the restaurant.

PLAINTIFF’S CONTENTIONS:
Plaintiff contended defendant corporation was negligent in their construction, maintenance and supervision of an open and unguarded fire pit that violated numerous regulations. Specifically, restaurant burned wood logs in a gas burning fire pit, which was not permitted by the appropriate authorities.

DEFENDANT’S CONTENTIONS:
Defendant contended that plaintiff was wholly responsible for her injuries based upon her level of intoxication and that the open, unguarded fire pit was not in violation of any laws, rules or regulations.

Settlement Discussions

At a Mandatory Settlement Conference, plaintiff demanded $10 million and defendant offered $2.2 million.

Specials in Evidence

$1.2 million $1.3-1.6 million

Injuries

Plaintiff suffered severe burns to her upper torso, back right breast and arm. She had severe second and third degree burns to 19 percent of her total body surface. Plaintiff’s burns almost reached the level of fourth degree burns and were similar to electrical burns in nature. Plaintiff suffered severe deformities to four fingers in her right hand. She also lost her entire right breast.

Result

Two weeks into trial, the parties settled for $4.5 million.

Other Information

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