Confidential

Facts

On Sept. 15, 2000, plaintiff, a nine-month-old infant, was placed in a rear facing car seat. The grandmother was sitting in the front seat and leaned over to pick up a camera off the floor at the moment the defendant's SUV struck them from behind at approximately 40 mph. The right front passenger seat and the rear facing seat hit each other. Neither person suffered direct head trauma. The biomechanical expert testified that the force of the collision between the seats was sufficient to cause brain injury to the child.

The plaintiff contended that the accident caused a closed head injury resulting in developmental delay in cognitive skills.

The defendant admitted liability on the first day of trial. The defendant contended that the plaintiff's developmental delay was due to a pre-existing mental disorder and environmental factors.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $2,600,000. The defendant made a C.C.P. Section 998 offer of $25,000 raised to $100,000 on the first day of trial. This case was tried to a jury in September and October of 2005 over a four-week period and, after 16 hours of deliberation, ended in a hung jury, 8 to 4 for the plaintiff. Post-trial mediation was held with Justice Daniel Hanlon (Ret. JAMS) which resulted in the settlement.

Specials in Evidence

$56,000 $4,000,000

Result

Post-trial settlement: $1 million.

Other Information

The right front passenger's (grandmother) case was tried in March 2003 resulting in a 1.15 million verdict plus costs. Length of trial: 10 days over 4 weeks.