Confidential
Settlement – $250,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On January 24, 1993, the plaintiff, an 11-year-old student, and the defendant, an acquaintance of the plaintiff, were talking with other children at the home of a family friend. The defendant, also a minor, threw a hard covered book in the plaintiff's direction in anger. The book accidentally struck the plaintiff in the right eye resulting in a ruptured globe and detached retina. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 $300,000 (policy limits on the defendant's homeowner's policy) settlement demand. The case was settled for $250,000 (present day value) at a voluntary settlement conference on September 21, 1995. The settlement was approved on November 18 1995 by Judge Pluim.
Specials in Evidence
in excess of $23,738.51 none unknown $10,000 plus (for additional surgery)
Injuries
The plaintiff alleged that he sustained a ruptured globe and detached retina of his right eye requiring three eye surgeries to repair the damage and that he still has double vision which may require additional surgery as a result of the incident.
Other Information
The settlement was reached approximately one year and eight months after the case was filed.
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