Confidential
Settlement – $1,500,000Court
USDC Southern District of California
Attorneys
Plaintiff
Michael A. Kelly
(Walkup, Melodia, Kelly & Schoenberger)
Defendant
Facts
On Feb. 22, 1995, the decedent, a 54-year-old bank executive vice-president, was visiting in the defendant city in connection with business meetings. After going out for dinner with fellow employees and co-executives, the decedent returned to his hotel. Hours later, at approximately 1 a.m. on Feb. 23, 1995, the decedent was found in a stairwell by a hotel employee in a semi-conscious state, dressed in an expensive business suit with blood on his forehead. Hotel security called police department who determined that the decedent was intoxicated. The police officers neglected to frisk the decedent for identification (he had passed out in the hotel lobby) and assumed he was an intoxicated tresspasser. The responding unit took him to the nearest district station for booking in the drunk tank pursuant to Penal Code º647ff (release when sober). The plaintiffs claimed that the decedent should have been taken to the nearest hospital for medical assessment, and that his incoherence and intermittent unconsciousness were equally suggestive of head injury as they were of alcohol intoxication. The supervising station watch officer claimed that he closely monitored the decedent while he was in the station holding cell, however, by the next morning at shift change, the incoming watch officer testified that the decedent was not arousable and lying in a pool of his own emesis. Paramedics were summoned and the decedent was taken to the hospital where he was immediately diagnosed as suffering from a subdural hematoma and a fractured skull. Notwithstanding emergency surgery, he never recovered from his comatose state and died in a nursing home on March 16, 1996. The plaintiffs, the decedent's wife and two adult daughters brought this action against the defendant based on negligence and wrongful death theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$400,000 $100,000
Injuries
Death of a husband and father.
Other Information
The settlement was reached approximately _____ years and _____ months after the case was filed. A settlement conference/ arbitration /mediation was held on _____/_____/19_____ before ________________ (name) of _______________ (affiliation or court) resulting in ________________ .
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