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CONFIDENTIAL

Aug. 23, 1997

Torts
False Imprisonment
Fraud

Confidential

Settlement –  $20,583

Court

L.A. Superior Central


Attorneys

Plaintiff

Vincent McGowan

David T. Harney


Defendant

Dieter Zacher


Facts

On Dec. 29, 1990, the plaintiffs, 12, 8 and 11 year-old children were involved in a car accident in Baja California, Mexico. The plaintiffs' mother was killed and two of the children were slightly injured. The 12-year-old boy was critically injured and needed to be transported to California for medical treatment. On the night of Dec. 29 and 30, 1990, the children were transported to California by an air ambulance called by the defendant. Two of the children successfully sued this defendant for false imprisonment in a trial conducted in January 1993. The jury found that the defendants had falsely imprisoned the 12-year-old boy (who subsequently died), and the surviving two children, and awarded the plaintiffs damages in the amount of $188,593.42 including $68,593.42 for the false imprisonment of the decedent. Subsequently, the court granted the defendant's motion for new trial on the issue of damages with respect to the decedent's Estate and thus the verdict was reduced to $120,000. This verdict in favor of the plaintiffs was upheld on appeal. The plaintiffs brought this action against the defendants based on false imprisonment and fraud the decedent theories of recovery. The decedent died at the defendant facility in Fontana on Jan. 16, 1991. The treatment at the defendant facility was the subject matter of an arbitration proceeding conducted in October and Nov. 17, 1993. The arbitration award was for the plaintiff and was in the amount of $252,475.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$50-100,000

Damages

The plaintiffs claimed the cost of the flight which amounted to $8,593.42.

Other Information

The settlement was reached approximately six years after the case was filed.


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