Confidential
Settlement – $350,000Judge
Mediator
Court
L.A. Superior Central
Attorneys
Plaintiff
Gregory W. Smith
(Law Offices of Gregory W. Smith LLP)
Defendant
Robert C. Baker
(Baker Keener & Nahra LLP)
Daniel B. Spitzer
(Law Offices of Daniel B. Spitzer)
Guy R. Gruppie
(Murchison & Cumming LLP)
Experts
Plaintiff
William G. Rowley
(technical)
Defendant
Joseph A. Schmerler
(technical)
Facts
On Aug. 4, 1994, decedent, age 9, his older sister, younger brother and mother had been invited to go swimming at the home of family friends. Decedent's mother, and the wife of the owner of the home, were sitting on a bench facing a tennis court, opposite the pool and spa-jacuzzi, when she became concerned about decedent who was swimming alone in the spa. She walked over to the spa and saw that decedent was being held under water in the spa, his chest on the drain which was not covered. A remote control device for the spa was present but apparently not used to deactivate the spa. Decedent's mother and the wife of the home owner could not pull decedent off the drain. Eventually, the suction powering the spa was turned off, at which time decedent was removed from the spa. However, this was several minutes after he had first gone under the water. Decedent was in a coma when taken to the hospital. He died four days later. The plaintiffs brought this action against the defendants based on negligence and product liability theories of recovery.
Settlement Discussions
The plaintiffs made an initial settlement demand for $1 million to the maintenance man.
Specials in Evidence
$48,000 and $30,000 for burial expenses $18,750 (decedent's father); $367,000 (decedent) $18,750 (decedent's father); $367,000 (decedent)
Injuries
Death of a 9-year-old boy.
Other Information
The settlement was reached approximately one year and 10 months after the case was filed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390