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Personal Injury (Non-Vehicular)
Negligence
Burns

Garza v. Trinity Children and Family Services

Published: Aug. 13, 2002 | Result Date: Jun. 20, 2002 | Filing Date: Jan. 1, 1900 |

Case number: MC012459 Verdict –  $254,523

Judge

Jeffrey Krivis

Court

L.A. Superior Lancaster


Attorneys

Plaintiff

Michael D. Waks
(Law Office of Michael D. Waks)


Defendant

Alexander F. Giovanniello
(Giovanniello Law Group)


Experts

Plaintiff

A. Richard Grossman M.D.
(medical)

Defendant

Thomas L. Sansonetti
(medical)

Karl N. Stein
(medical)

Facts

The plaintiff is a two-and-a-half-year-old girl in foster care with the county of Los Angeles.
The County engaged the services of the defendant, Trinity Children and Family Services (Trinity) to place the
child with one of their foster parents, defendant Martha Gonzalez.
While in Gonzalez's care, the minor plaintiff sustained 2nd and 3rd degree burns to both
of her feet and had to be hospitalized for two weeks and required two skin grafts to her feet.

Settlement Discussions

Mediation yielded no offer. The plaintiff filed a CCP Section 998 Demand for $200,000; the defendant made a CCP Section 998 offer of $65,000. After the defendant lost its Motion for Summary Judgment, it agreed to binding arbitration.

Injuries

Second and Third degree burns to both feet, two skin grafts and two weeks in hospital.

Other Information

Trinity brought a Motion for Summary Judgment on these issues. The Court determined that Trinity was not immune from a negligence claim and also that the issue of agency was a question of fact, thereby denying Trinity's claim for a Motion for Summary Judgment.


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