Facts

On Oct. 23, 2007, five Theater Arts students from a Los Angeles Private University were returning to campus from a Laramie, Wyoming trip after conducting research for an upcoming school play. At approximately 3:30 a.m., while traveling in one of the student's private SUV vehicles, on Interstate Highway 15 in Utah, defendant student Michael Caserta fell asleep with the cruise control set at 90 mph. The vehicle rolled over causing 19-year-old student, decedent, Samuel Wasson, who was unseatbelted and sleeping in the cargo area of the SUV, to be ejected onto the road embankment resulting in his fatal injuries. Plaintiffs Steven Wasson and Cynthia White are the parents and sole heirs of the decedent. They sued for wrongful death and survival damages.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended the registered owner of the subject vehicle, defendant and fellow student, Peter Garrett, should have kept the defendant driver and fellow student, Michael Caserta, awake and driving within the posted speed limit since he was sitting in the passenger seat adjacent to the driver. Plaintiffs contended that the speed of the vehicle was so excessive that death was unavoidable even had the decedent been wearing a seatbelt. Plaintiffs also contended that the Private University could have prevented the five students from embarking on a 17-hour return drive by simply excusing them from a school play rehearsal at the school's Los Angeles campus which was scheduled for the evening following their departure.

DEFENDANTS' CONTENTIONS:
Defendants contended decedent contributed to his fatal injuries by not wearing a seatbelt. Student Peter Garrett contended he was asleep at the time of the accident and never authorized the driver to use cruise control or exceed the speed limit. Private

University contended all the students were adults; it had no control over their behavior especially while they were driving a private vehicle; the research trip to Wyoming was not sanctioned or approved by the school; the driver's excessive speed was a supervening act; and that it had no duty as a a matter of law for these adult student's safekeeping while driving a private vehicle.

Settlement Discussions

Two full day mediations were conducted by Troy Roe.

Damages

$ 29,564.33 in hospital and funeral expenses. Loss of love, comfort, affection, etc.

Result

Settled for $1,240,000.00

Other Information

Defendant Private University has requested, and plaintiff has agreed, that their name and the name of their insurance carrier remain confidential. FILING DATE: Oct. 1, 2009.