Facts

Yu Lu, individually and as Guardian Ad Litem for minor Caltong Liu and Chun Li sued Nada Nrekic, Michael C. Walsh, and Michael James Walsh in connection with a motor vehicle accident.

PLAINTIFFS' CONTENTIONS:
Plaintiff Liu was teaching his four-year-old son, Caltong, how to ride a bicycle on the sidewalk near an intersection when they were struck by a vehicle driven by Nrekic. Plaintiffs sued defendants for the accident. Plaintiffs alleged Nrekic failed to stop at the intersection and lost control of her vehicle, causing it to lurch onto the sidewalk and strike the father and son, who were trapped under the car. Plaintiffs alleged Nrekic was negligent in her driving and that the Walshes, who owned the car Nrekic was driving, were vicariously liable for Nrekic's negligence. Plaintiffs claimed Nrekic had previously been convicted of DUI. Plaintiffs claimed Nrekic was running errands for the Walshes when the accident occurred, thereby making them liable for the accident under agency principles. Plaintiffs further alleged that Nrekic filed for bankruptcy to avoid personal responsibility above the limits of her policy.

Damages

Liu sought $23,000 in past medical expenses. Caltong requested more than $700,000 in past medical expenses, which was reduced to $400,000 per "Howell." Li, Liu's wife and Caltong's mother, sought damages for loss of consortium.

Injuries

Lui and Caltong were pinned under Nrekic's vehicle and remained there until authorities were able to extract them. Liu claimed multiple injuries to his neck and back as well as a fractured left leg. He also claimed emotional distress from not knowing of his son's condition while he was pinned down underneath the car. Caltong was unconscious while trapped under the Nrekic's vehicle. Caltong claimed a brain injury considered traumatic. He also claimed fractures to his head, face, jaw, shoulders, ribs, and several other parts of his body. He lost a significant portion of his skin, requiring skin grafting. Moreover, Caltong claimed he suffered from respiratory arrest while undergoing diagnostic testing. Further, experts opined he would suffer from post-traumatic stress disorder, and scarring as a result of the incident.

Result

The parties reached a $1.55 million policy limit settlement, of which, Caltong will receive $1.25 million and Liu will receive $275,000.