Confidential

Facts

Plaintiffs, a father and his three-year-old triplets, were at a bagel shop. Outside, a motorist was attempting to park a 1986 Volvo station wagon in the front of the bagel shop. The driver hit the gas instead of the brake and plowed through the bagel store's plate glass window. A shard of glass struck one of the minor plaintiffs in the face and cut her. The father and her siblings saw the injury occur.

CONTENTIONS:
One child was injured and her father and siblings claimed emotional distress as a result of the accident. The lead plaintiff asserted permanent injury and significant scarring.

Specials in Evidence

The lead plaintiff incurred significant medical expenses, reduced to $8,450 after insurance payments. The father incurred expenses of $1,762.18 for psychological care.

Damages

The two siblings sought $2,994.41 and $2,030.28 for their emotional distress.

Injuries

The lead plaintiff sustained a three-inch laceration to her forehead and a one-inch laceration to her lip. The wound was closed at the emergency room, and a year later, she underwent scar revision surgery. A residual scar remains. The father and two siblings had no physical injuries but suffered from post-traumatic stress disorder.

Result

At mediation, the parties settled for $372,750. The lead plaintiff settled for the driver's $250,000 policy limit, the father accepted $70,000, and the siblings received $30,000 and $22,500 respectively.