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CONFIDENTIAL

Jun. 21, 2005

Personal Injury
Dangerous Condition
Fall into Unbarricaded Hole

Confidential

Settlement –  $2,500,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Michael M. Shea
(Shea & Shea)


Defendant

Robert E. McNulty


Experts

Plaintiff

Donald Olsen
(medical)

Ralph J. Kiernan
(medical)

Defendant

Carina Grandison
(medical)

Facts

On July 28, 2003, Curtis Lewis, aged six at the time, fell into a 10-foot manhole that was exposed because the manhole cover was not secure. He was attending a summer tennis camp run by the defendant Youth Tennis Advantage held at the Stanford University Campus.

Settlement Discussions

The plaintiff demanded $3 million. The defendant offered $1.5 million.

Injuries

The minor plaintiff suffered a depressed skull fracture resulting in a residual seizure disorder. Intraoperatively, the brain was found to have been contused with subarachnoid hemorrhage. During surgery, it was evident that bony fragments of his skull lacerated the dura and tore the cerebral cortex. Brain tissue was debrided and removed.

Other Information

The case was eventually settled for $2.5 million before retired Judge Edward A. Panelli of JAMS.


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