Confidential
Settlement – $750,000Facts
On July 19, 1997, the plaintiff, a 16-year-old high school student, was a patron of the
defendantÆs premises. The plaintiff purchased a ride on a device known as an "Orbitron," which
was owned and operated by the defendant. The Orbitron secures a person by the use of a seat
belt and boots with straps (similar to ski boots) in a rectangular structure that sits on three metal
rings. While the plaintiff was on the Orbitron, the seat belt on the ride allegedly inadvertently
came loose, causing the plaintiff to strike his head multiple times against the metal ring and/or
the base. This resulted in severe laceration to the plaintiffÆs head, loss of consciousness and
caused him to stop breathing.
Settlement Discussions
The plaintiff initially demanded $1 million. On June 28, 2001, the case settled for $750,000 one week after a mediation in front of retired judge Robert Feinerman and the day before trial.
Specials in Evidence
$56,817 $157,100
Damages
At the time of the incident, the plaintiff earned approximately $625 per month.
Injuries
As a result of the accident, the plaintiff sustained traumatic brain injury, loss of consciousness and post- concussive syndrome. The plaintiff also suffered from speech dysfluency and had a tendency to drool.
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