Confidential
Settlement – $1,816,400Judge
Court
King Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard W. Parks
(technical)
Anthony J. Margherita
(medical)
Kathryn Reid
(technical)
William Stough
(technical)
Facts
On May 4, 1993, the plaintiff, a 48-year-old interior designer, was shot by an ex-boyfriend who was on community supervision following conviction for the attempted rape of plaintiff occurring after plaintiff terminated her relationship with him. The assailant had been given one-year jail time followed by three years of community supervision with many conditions, including psychiatric treatment with medication, if necessary, alcohol evaluation and/or treatment, etc. In August 1992, the ex-boyfriend was sent back to jail for violating the conditions of his community supervision (i.e., not entering treatment and failing to report to his community corrections officer). After his release from jail the second time, he entered anger management counseling but dropped out after attending four sessions. He never obtained psychiatric treatment. When he failed to report to his community corrections officer, the COO allegedly waited to ask the King County Prosecuting Attorney's office for a bench warrant for the ex-boyfriend's arrest, which was finally obtained the day after plaintiff was shot. The plaintiff brought this action against the state based on a negligent supervision theory of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand for $5.5 million. The plaintiff's last demand was $1.4 million cash plus $3,000 a month for life (structure worth approximately $500,000). The defendants highest offer was $300,000 plus structure worth approximately $500,000.
Specials in Evidence
$312,000 $350,000 (per plaintiff), $162,400 (per defendant) $2.5 million (per plaintiff), $721,300 (per defendant)
Injuries
Gunshot wound resulting in significant damage to one lung; T-6 paraplegia. Bilateral carpal tunnel syndrome from overuse; surgery. Persistent bladder incontinence; multiple surgeries. Two knee fractures caused by falls requiring surgery. The plaintiff spent four months in the hospital and two months in a nursing home. She is permanently disabled.
Other Information
The settlement was reached approximately two years and three months after the case was filed and after 5+ days of trial. Plaintiff sued the felon/shooter shortly after the incident, resulting in a net recovery which was used for the costs in the later case against the state. Per plaintiff, at his deposition, the CCO testified that his own earlier chronological notes were not correct, thereby appearing to plaintiff's counsel that the CCO was attempting to revise his notes to improve his story. The state met the plaintiff's demand immediately before the CCO was to be called by plaintiff to testify.
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