Facts

Three family members were passengers while riding in a conveyance when it malfunctioned, causing the first plaintiff, Jane Doe, a 350-pound adult female, to be ejected into rocks and a pond.

DEFENDANT'S CONTENTIONS: Defendant contested liability, causation, nature and extent of damages for each plaintiff.

Injuries

The first plaintiff suffered skull, facial and jaw fractures including facial laceration, frontal sinus fracture, orbital fractures, bilateral nasal bone fractures, anterior zygomatic arch fracture, condylar neck fractures missing and damaged teeth, comminuted maxilla fracture, mandible fracture, post traumatic tinnitus, cervical and lumbar strain/sprain with radiculopathy, shoulder impingement syndrome and Right fibula fracture. She underwent surgery for her facial fractures and to replace her damaged and lost teeth. At the time of settlement plaintiff had undergone significant weight gain and continued to complain of cognitive issues, somewhat limited mobility and depression, though she was able to return to delivery work. The second plaintiff required no surgery and returned to work with some mobility limitation in his wrist. He suffered a fractured left wrist and three rib fractures. The third plaintiff, a 10-year-old, suffered minor head and face lacerations, and a mild traumatic brain injury which exacerbated a prior existing learning disability. He was diagnosed with a concussion, returned to school the next school day and continued under his IEP.

Result

The case settled for $8 million.