Facts

Plaintiff Valerie Ortiz, 9, was run over in a marked crosswalk while walking home from school with her mother and sister walking ahead of her.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the 15/30 insurance policy was open due to an early demand that was not met.

Plaintiff sought damages for Valerie's injuries, as well as negligent infliction of emotional distress claims for her mother and sister who witnessed the incident.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff darted into the crosswalk, and that her mother should have been alongside her. Defendant disputed whether the mother and sister actually witnessed the incident to satisfy the negligent infliction of emotional distress claim.

Defendant also contended it could not satisfy the policy demand because it allowed only a release for the driver, and not the owner of the vehicle.

Injuries

Plaintiff suffered broken pelvis and lacerated spleen.

Result

The case settled for $1 million.

Other Information

FILING DATE: Feb. 13, 2015.