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Personal Injury
Assault and Battery
Negligence

Timothy Camargo II v. A Minor, Sabrina Walton

Published: Sep. 1, 2007 | Result Date: Apr. 5, 2007 | Filing Date: Jan. 1, 1900 |

Case number: S-1500-CV-258918-AEW Settlement –  $500,000

Court

Kern Superior


Attorneys

Plaintiff

Daniel Rodriguez
(Skadden, Arps, Slate, Meagher & Flom LLP)


Defendant

Robert D. Harding


Facts

On May 10, 2006, plaintiff Timothy Camargo II, 18, drove to a 15-year-old acquaintance's house in Bakersfield. It was the second time Camargo had been to the minor's home. After arriving at the home, a series of contested events took place that resulted in the minor shooting Camargo in the chest with a handgun.

The minor pleaded no contest to negligent discharge of a firearm in juvenile court.

Claiming physical damages, Camargo sued the minor and his mother, Sabrina Walton, for negligence and assault and battery.

Contentions

PLAINTIFF'S CONTENTIONS:
Camargo claimed the friend overreacted.

DEFENDANTS' CONTENTIONS:
The minor claimed he was merely showing the gun to Camargo and it accidentally discharged.

Settlement Discussions

Plaintiff demanded $500,000, the limits of the insurance policy.

Damages

Camargo made an unspecified demand for past and future medical expenses and pain and suffering.

Injuries

Camargo was rendered a T-8 paraplegic and was no longer able to move from beneath the middle of his back. He will be required to use a wheelchair for the rest of his life.

Result

The case settled against both defendants for $500,000.


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