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CONFIDENTIAL

Mar. 30, 1996

Personal Injury (Non-Vehicular)
Negligence
Negligent Supervision

Confidential

Settlement –  $250,000

Judge

Jan Pluim

Court

L.A. Superior Central


Attorneys

Plaintiff

Ronald S. Parker


Defendant

Richard B. Warsk


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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