Confidential
Settlement – $300,000Facts
On July 10, 1994, the plaintiff, a 7-year-old grade school student, was attending a birthday party for a cousin at the defendant's residence in rural Outlook, Washington. During the party, the defendant allowed children to ride three all-terrain vehicles in a field behind his house. In the evening, the defendant and his brother decided to race the all-terrain vehicles around the field. Both men had been drinking. A large group of children waited in the center of the field while the defendant and his brother raced. The plaintiff was struck by the defendant's all-terrain vehicle as the race was ending. The plaintiff brought this action based on a negligent operation of an all-terrain vehicle theory of recovery.
Settlement Discussions
The plaintiff made a $300,000 (policy limits) settlement demand.
Specials in Evidence
$115,665 unknown unknown
Injuries
The plaintiff alleged that he sustained a closed-head injury resulting in mild residual cognitive deficits and partial right hemiplegia (partial paralysis of right side of body) as a result of the accident. The plaintiff was initially comatose, and it was thought he might not survive. He gradually regained consciousness, and was eventually able to return to school. He would require the continued use of a wheelchair due to difficulty walking.
Other Information
The claim was settled without a lawsuit being filed.
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