Confidential
Settlement – $2,049,000Judge
Court
USDC Central
Attorneys
Plaintiff
Frank N. Darras
(DarrasLaw)
Defendant
Frank T. Sabaitis
(Sabaitis, Lunsford & Moore)
Jeffrey Kravitz
(Alternative Resolution Centers )
Experts
Plaintiff
Gerald Rosenbluth
(technical)
Facts
On June 16, 1993, at approximately 4:00 p.m. a 5-year-old female child was accompanied by her younger sister, younger brother, and mother at Defendant's railway station. The family planned to take advantage of a free railway promotion. They were to meet the children's father before having dinner and then return home via a new railway line. The station was crowded with many other people who were interested in the free promotional rides. A battery-powered cart, used to transport passengers and/or baggage, was left unattended and receiving a battery charge in an area where the family was waiting. The children migrated to the cart, where the brother sat in the driver's seat; the younger sister was in the right front seat; and the oldest girl stood on the rear bumper. The brother either slipped or sat down on the front-seat floorboard and made contact with the floor control accelerator. The cart was in reverse gear; and so it went in a backward direction. The cart was not equipped with warning bells or whistles; when the children's mother realized that the cart was moving, it had already accelerated to a point that she was unable to reach it. The mother watched as her oldest child, who was hanging on the back of the cart, tried to climb into the baggage area and was partially in the cart when it sideswiped the first pillar in the ticket area. This caused the child to be thrown backwards; she was hanging on the back of the cart when the cart violently crashed into a second concrete pillar, crushing the child. The victim's brother and mother saw the child sustain the crushing injury and then watched as the paramedics unsuccessfully attempted to save the child's life. It was later determined that the cart had been parked in this location so that its batteries could be recharged. The cart had been left unattended, with the key in the ignition, not coned or roped off in any manner; and there were no warnings to parents of young children that danger existed. Investigation and discovery revealed that just 10 months prior to this incident, an arguably (per Defendant) similar incident occurred: a cart which was also being recharged, was left unattended, and with the key in the ignition. Further investigation and discovery revealed that the same Defendants took no effective preventative action. As a direct result of this accident, these Defendants have taken the following remedial actions: (1) all passenger carts have been retro-fitted with 2 pedals (to operate the cart, the left foot must depress one pedal and the other foot must be on the gas pedal; (2) the location of the recharging area for carts has been changed: and (3) posted signs in the Red Cap quarters to remind them to "never leave the cart without first removing the keys."
Settlement Discussions
Plaintiffs and Defendants agree that Plaintiffs demanded $4,000,000 and Defendants first offered $350,000 increased to $750,000 increased to $1,000,000 (May 1, 1995).
Injuries
Death of 5-year-old female child/sibling. Decedent's brother and mother also claimed Dillon v. Legg emotional distress injuries from viewing the death of their decedent.
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