Confidential
Settlement – $285,000Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Domenico D. Spinelli
(Spinelli, Donald & Nott)
Facts
On July 22, 1994, the decedent, a 17-year-old autistic child with a seizure disorder, was taken with his school class to a public pool. The decedent's teacher left him and the other students in the charge of other teachers who were busy with their classes. The plaintiffs, the decedent's parents, alleged that the decedent's teacher never informed anyone of the decedent's seizure disorder. The decedent dove under water and didn't come up. The decedent died three days later. The plaintiffs brought this action against the defendants, park and school district, based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made an initial settlement demand for $500,000. The defendants made an offer of $125,000 before litigation was commenced.
Damages
The plaintiffs claimed $6,424 for funeral expenses and $80,000 for medical expenses incurred between the incident and the decedent's death.
Injuries
Death of a son.
Other Information
The settlement was reached approximately eight months after the case was filed. A mediation was held on November 29, 1995, before the Hon. Michael Virga, retired of the Sacramento Superior Court resulting in the settlement.
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