Confidential
Settlement – $372,750Court
L.A. Superior West Los Angeles
Attorneys
Plaintiff
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Facts
On July 5, 2004, plaintiff father took his triplet children, ages three-and-a-half, to a bagel shop in West Los Angeles. While the plaintiffs were inside, a motorist who was driving a 1986 Volvo station wagon and attempting to park in front of the bagel shop, hit the gas instead of the brake and plowed into the plate glass window. One of the children sustained cuts to her face by the glass. Plaintiff father and the two other children observed the child get cut.
Settlement Discussions
The case proceeded to mediation wherein the case settled. The lead minor plaintiff settled for $250,000 (policy limits); plaintiff father settled for $70,000; the other two minor plaintiffs settled for $30,000 and $22,500 for their emotional distress claims.
Damages
The lead minor plaintiff claimed $8,450 after health insurance payments. Plaintiff father claimed $1,762 in psychologist visits. The other two minors claimed $2,994 and $2,030.
Injuries
The lead minor plaintiff child who was cut sustained a 3-inch laceration to her forehead and a 1-inch laceration to her lip and nose. The wound was closed at an emergency room and she had scar revision surgery a year later. Slight residual scarring remains. Plaintiff father and the other two children suffered emotional distress, post-traumatic stress disorder, with no physical injuries.
Result
Total settlement, $372,750.
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