Confidential
Settlement – $300,000Court
King Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Judith Skenazy
(medical)
Robert B. Fessinger
(Schmid & Voiles)
(medical)
John Nees
(medical)
Kenneth Faw
(medical)
Defendant
Frederick Wise
(medical)
Stephen Fuhs
(medical)
Facts
On July 4, 1993, Plaintiff, a 16-year-old high school student, and Defendant, also a high school student, and a neighbor had just left a family barbecue at Plaintiff's home. Defendant had invited Plaintiff and the neighbor to go with him to shoot off some fireworks which he had in a backpack. Defendant's father had previously taken Defendant and Plaintiff to a fireworks stand. In addition to the commercial fireworks, Defendant also had 2 bombs which he had made. The 2 homemade bombs consisted of a tennis ball filled with powder and a wick; a metal CO/2 cartridge wrapped with electrical tape, filled with powder and a wick which was held in place by a metal screw. Defendant handed one of the bombs to Plaintiff; Plaintiff lit it and attempted to throw it. The bomb exploded beside Plaintiff's right ear and face and blew off his right thumb. Plaintiff did not lose consciousness; he was able to remain on his feet and walk to the nearest house where he asked the residents to call 911.
Settlement Discussions
Plaintiffs contends that both the offer and the demand were $300,000; the policy limits.
Specials in Evidence
$10,460 claimed, but not specified up to $125,000
Injuries
Traumatic amputation of the right thumb requiring prosthesis with future maintenance and replacements; shrapnel-like injuries to the face and neck requiring debridement, closure, and future surgical revision; permanent damage to his right ear drum with resultant hearing impairment and permanent cognitive deficits.
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