Confidential
Settlement – $4,000,000Court
USDC Southern District of California
Attorneys
Plaintiff
Craig R. McClellan
(The McClellan Law Firm)
Defendant
Bryan M. Garrie
(Bryan M. Garrie, APC)
Louis M. Marlin
(Louis Marlin Mediation)
Facts
Plaintiff, a 16-year-old student, was a participant in a foreign exchange program and was placed with a volunteer host family in Argentina. The host family consisted of a medical doctor, his wife, and 4 children. On July 30, 1992, Plaintiff with her host family, embarked on a weekend trip to Iguazu Falls, at the border between Argentina, Brazil, and Paraguay. During the 13-hour driver, the car went off the road and rolled over. The host father was driving. The host mother was killed and Plaintiff was paralyzed. Without jurisdiction against the host family in the United States, Plaintiff filed a complaint against the foreign exchange service in the California Superior Court. It was removed to USDC for the Southern District, where a Motion to Dismiss for forum non conveniens was denied.
Settlement Discussions
Plaintiff contends her demand was $7,500,000 and Defendant first offered $500,000.
Specials in Evidence
$1,000,000 $1,304,241 $14,183,015
Injuries
Quadriplegia, requiring 24-hour attendant care.
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