Confidential
Settlement – $633,333Judge
Court
San Diego Superior
Attorneys
Plaintiff
Richard A. Huver
(Judicate West)
Defendant
Robyn S. McClain
(Letofsky-McClain)
Facts
On Sunday, Feb. 16, 1997, Cindy, age 9, Nini age 7, and five other children, left a Chinese New Year's celebration at an elementary school, intending to play at a public park across the street. Park Village Drive, a four-lane road with posted speed limits of 45 mph, is divided by a raised center island covered with vegetation and trees. The seven children ran across two lanes of travel (not in a crosswalk) and waited on the center island for traffic to pass. Defendant No. 1, driving an Isuzu Rodeo, approached the children and stopped his vehicle in the No. 1 lane (closest to center island). The defendant then allegedly waved for the children to continue across the street. Defendant No. 2 had just turned left onto Park Village Drive approximately + mile away and entered No. 2 lane. At that moment, five of the children stepped off the center island and walked in front of defendant No. 1's vehicle, looking to see if there were any approaching cars. However, Nini and Cindy continued to across the street directly in front of defendant No. 2, who was unable to stop and struck both girls. Cindy was placed on life support and died the following day. The plaintiffs, the parents of Cindy, brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
Plaintiff demanded the policy limits of defendant No. 1, which were paid. There were various demands and offers with respect to defendant No. 2.
Damages
Wrongful death of a 9-year-old child.
Other Information
The settlement was reached approximately three months after the case was filed. Defendant No. 2 also paid approximately $320,000 to settle with Nini's heirs and a Dillon v. Legg claim on behalf of her brother, who was present at the scene.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390