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CONFIDENTIAL

Apr. 13, 1996

Personal Injury (Non-Vehicular)
Wrongful Death
Negligent Supervision

Confidential

Settlement –  $285,000

Judge

Michael G. Virga

Court

Sacramento Superior


Attorneys

Plaintiff

James P. Osman


Defendant

Domenico D. Spinelli
(Spinelli, Donald & Nott)

William J. Schmidt


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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