Linda Francis v. Plaza Pacific Equities
Published: Oct. 29, 1994 | Result Date: Aug. 26, 1994 | Filing Date: Jan. 1, 1900 |Case number: CV886375 – $0
Judge
Court
Washoe County District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Helen V. Collier
(technical)
Allison Osinski
(technical)
Defendant
John Martin Greenlaw
(technical)
William G. Rowley
(technical)
Daniel W. Dugan
(medical)
Facts
On August 29, 1988, Plaintiff Linda Francis' 5-year-old son Michael went to his apartment complex swimming pool with his brothers and baby sitter Catherine Thorness as well as her 3 children. While at the pool, Thorness agreed to watch 2 additional children. She lost sight of Michael for 4-10 minutes; he was then discovered at the bottom of the pool in the deep end. Thorness brought Michael to the surface and bystanders started CPR. He was later revived at the hospital, but never regained consciousness through the time of his death 3 months later. Michael was survived by Plaintiffs Linda Francis, a 32-year-old casino worker, and his 2 brothers Joshua, 6, and David, 8. Plaza Pacific Equities was named as Defendant.
Settlement Discussions
Plaintiffs contend that Linda demanded $325,000 and David and Joshua demanded $35,000 each and that Defendant offered $100,000 to Linda and $25,000 each to David and Joshua. Plaintiffs further contend that they made an informal demand before trial of $325,000 total and that Defendant made an informal offer before trial of $200,000 total.
Specials in Evidence
$1,868
Damages
Plaintiffs' counsel suggested awards of $35,000-$40,000 for each Plaintiff for the claims of negligent infliction of emotional distress and $350,000-$400,000 for wrongful death general damages.
Injuries
Death of son/brother; emotional distress suffered from viewing the incident.
Other Information
This case was originally tried in April-May 1991 with a 6-2 Defense verdict; case reversed and remanded for a new trial.
Deliberation
1.5 hours
Poll
8-0
Length
10 days
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