Confidential
Settlement – $275,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Gregory G. Rizio
(Rizio Lipinsky Law Firm)
Experts
Plaintiff
Thomas J. Zirkle
(medical)
Facts
Alyssa Scott, 8, was playing basketball at a home owned by Linda Andrade on Oct. 10, 2004. She sat down next to Andrade, directly in front of Andrade's Labrador. The dog bit Alyssa in the face as she turned around.
Settlement Discussions
The plaintiffs demanded $300,000, the limit of the homeowner's insurance policy. Andrade offered $175,000.
Damages
The parties agreed to a structured settlement whose present value was $275,000. A blocked bank account consisting of $18,498.61 of that settlement was created in case Alyssa opts to have plastic surgery, while $187,063.71 was to be placed in a tax-free, interest-bearing annuity, under whose terms Alyssa will be paid out $25,000 annually for four years for her college expenses beginning when she is 19, and will receive an additional $1,000 pe5r month until she turns 29. She will additionally receive lump sums of $50,000 at age 25, $100,000 at age 30 and $244,000 at age 35. The remainder was set aside for attorney's fees. The total payout equaled $632,565. The parties settled the case for an amount just less than the limits of the homeowner's insurance policy.The plaintiffs did not wish to litigate against Andrade, a close family friend. Plaintiff's counsel recommended the settlement to avoid litigation while securing Alyssa's recovery.
Injuries
Alyssa received treatment at Loma Linda Hospital, where she got 10 stitches for a facial laceration in her paranasal region and five stitches for a lip laceration. Thomas Zirke, Alyssa's plastic surgeon, stated that Alyssa suffered some facial scarring that cannot be surgically repaired until she turns 14. The main scar is a 2.1 cm red line between her nostril and her cheek. Andrade argued that Alyssa's scarring was healing cleanly and that it would become less noticeable in time.
Result
The parties agreed to a structured settlement whose present value was $275,000. A blocked bank account consisting of $18,499 of that settlement was created in case Alyssa opts to have plastic surgery, while $187,064 was to be placed in a tax-free, interest-bearing annuity, under which terms Alyssa will be paid out $25,000 annually for four years for her college expenses beginning when she turns 19 years old, and will receive an additional $1,000 per month until she turns 29 years old. She will additionally receive lump sums of $50,000 at age 25, $100,000 at age 30 and $244,000 at age 35. The remainder was set aside for attorney fees. The total payout equaled $632,565. The parties settled the case for an amount just less than the limits of the homeowner's insurance policy. The plaintiffs did not wish to litigate against Andrade, a close family friend. Plaintiff's counsel recommended the settlement to avoid litigation while securing Alyssa's recovery.
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