Confidential
Settlement – $2,000,000Judge
Court
Clark Superior
Attorneys
Plaintiff
Daniel E. Marshall
(Human Rights Defense Center)
Defendant
Experts
Plaintiff
Stanley Freeman
(technical)
Lowell Bassett
(technical)
Richard Buccigross
(technical)
Nate Smith
(medical)
Facts
On April 22, 1992, Plaintiff, a 15-year-old high school sophomore attending his physical education class. The Defendant school district's PE teacher instructed Plaintiff and the rest of the class to run off campus; encompassing a one-mile route which would take them through well-traveled roadways within the Defendant city. During first portion the run, Plaintiff and 5 students were the first ones to leave. Despite regular warnings by teachers to use the crossing, it was the normal practice to cross outside the crosswalk without being caught or reprimanded. And so, Plaintiff and the other 5 lead students crossed outside the crosswalk. Plaintiff was struck by a vehicle (driver was dismissed by agreement of the parties). At the time, the PE teacher was still in the building and waiting for the rest of the students to get started. The subject roadway is a 4-lane roadway separated by a landscaped median; it is classified as a principle arterial with traffic volumes approaching 17,000 vehicles; the posted speed limit is 35 mph; and speed studies showed the average speed driven was between 39 and 45 mph.
Settlement Discussions
Offers and/or demands, exchanged prior to this result, were not disclosed.
Specials in Evidence
$64,544 $1,405,964 $3,065,105
Injuries
Severe head trauma and chest contusions. Plaintiff remained in a coma for approximately one month. He also suffered neurological injury which resulted in reduced motor control and impaired cognitive functioning. Despite these injuries, Plaintiff was able to finish high school through a combination of regular and special education classes.
Other Information
This case was filed on December 10, 1993; one year, six months, and nearly one week prior to this result and 88 days before the trial date. The trial had been set for September 11, 1995.
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