Confidential
Settlement – $3,555,000Facts
The plaintiff, a 5-year-old boy, was a passenger in a vehicle driven by his mother in defendant city and came
upon an intersection under construction by defendant general contractor when the defendant driver made a left
hand turn in front of plaintiffÆs vehicle when the plaintiff had a green light. The plaintiff brought this case on
negligence causes of action against the driver, city and general contractor.
Settlement Discussions
The plaintiff demanded $1 million from defendant driver (policy limits). The defendant driver made no offer until mediation, where the case was settled. This matter was under consideration by prior counsel for the plaintiff to settle with defendant driver for his $15,000 policy limits until current counsel discovered that the defendant driver was operating his vehicle in the course and scope of his employment, resulting in a larger settlement with that defendant.
Damages
The plaintiffs claimed $151,000 in current medical expenses with an unknown future medical cost. There were no claims for lost earnings or loss of earning capacity.
Injuries
The plaintiff sustained a lacerated liver and a pancreatic contusion, as well as gangrene in the intestines requiring a bowel resection, which manifested itself several months later as a result of adhesions caused by the original trauma.
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