Confidential
Settlement – $775,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
George M. Rosenberg
(ADR Services, Inc.)
Defendant
Richard P. Dieffenbach
(Tyson Mendes LLP)
Facts
On Jan. 31, 2002, the plaintiff, a 2-year-old boy, was standing with his nanny as his mother attempted to reactivate an electric gate to the driveway entrance to her home, which had malfunctioned. The gate opened part of the way and then jammed. The gate had malfunctioned on several prior occasions. The plaintiff's mother, while attempting to reactivate the re-set button, pushed the remote control. The minor child, who was being watched by the nanny, suddenly lunged forward toward the moving gate, getting his right hand entrapped in the area where the chain and pulley wheel meet, causing an amputation to the boy's right thumb and to the tip of his ring finger.
Settlement Discussions
The defendant installer went into bankruptcy and the plaintiffs proceeded with the action to the extent of the installer's insurance policy of $1 million. The plaintiffs had served a C.C.P. Section 998 for $1 million on the installer. Neither defendant made any offers prior to the mediations. The parties attended two mediation sessions. At the second, the defendants offered $500,000 and the plaintiffs demanded $1 million. The case settled just prior to expert witness designations approximately two months following the second mediation. The court approved the minor's compromise on March 5, 2004. The minor received $725,000 and the mother received $50,000 on her Dillon claim. The installer paid $625,000 and the manufacturer paid $150,000. A structure was purchased for the minor utilizing $500,000 of the proceeds.
Specials in Evidence
$14,555 $35,000 to $40,000 (thumb lengthening procedure)
Damages
Pain and suffering (past and present) for the boy and a Dillon v. Legg claim for the mother.
Injuries
The boy sustained a partial amputation to his right thumb and the tip of his ring finger. The boy has some use of the thumb joint and future reconstructive surgery involving thumb lengthening will provide him greater function. The mother claimed emotional distress damages for her Dillon v. Legg claim.
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