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CONFIDENTIAL

Nov. 20, 1993

Personal Injury (Non-Vehicular)
Preschool Accident
Negligent Supervision

Confidential

Settlement –  $2,811,580

Judge

R. William Schoettler Jr.

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Mark E. Petersen


Defendant

Clayton C. Averbuck


Experts

Plaintiff

Bruce Achauer
(medical)

Facts

On July 7, 1992, Plaintiff was being supervised and cared for at approximately 11:45 a.m. at Defendant preschool. Plaintiff a 10-month-old male child, had been placed in a highchair in preparation for lunch. Defendant preschool's employee was assigned to supervise and care for Plaintiff at this particular time. During the feeding process, Defendant employee placed Plaintiff in his highchair, near a shelf upon which sat a crockpot containing boiling water. Defendant proceeded to turn her back on Plaintiff in order to obtain food nearby. While doing so, the ten-month-old infant apparently reached out with his hand coming into contact with the crockpot and/or its cord. Subsequently, the hot water poured onto Plaintiff, causing severe burns.

Settlement Discussions

Plaintiffs contend their first demand was $1,000,000 and Defendants offered $500,000 to Plaintiffs child and mother.

Specials in Evidence

$85,728 yes, unspecified yes, unspecified

Injuries

First, second and third degree burns to 25% of his body, specifically his right arm, right leg, chin, shoulder, chest, right foot, and back, requiring numerous surgeries for scar revision, excision, and debridement and will require 3 to 4 future surgeries for the same.


#112387

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