Confidential
Settlement – $9,450,000Judge
Court
USDC Georgia
Attorneys
Plaintiff
Scott B. Cooper
(Orange County Superior Court)
Defendant
William R. Strickland
(ADR Services Inc.)
Experts
Plaintiff
Judy Edwards
(medical)
Robert D. Coston
(technical)
Defendant
Michael DeVivo
(medical)
Bruce Seaman
(technical)
Cynthia L. Wilhelm
(medical)
Facts
On the afternoon of Dec. 24, 2001, Farma Kane was a passenger in the back seat of a car being driven on a freeway by her father, Omar Kane. Farma was 14 months old and was properly restrained in a child car seat. Omar Kane was on the job at the time, delivering veterinary materials for his employers, the VCA defendants. Somewhere up ahead of Kane, the defendant Lance Stewart's vehicle began to experience mechanical problems and stalled in the middle of the number two lane. Kane failed to stop his vehicle and it collided with the rear of both the defendant Stewart's vehicle and another vehicle that had stopped behind Stewart. As a result of this collision, Farma Kane sustained severe and permanent injuries, including quadriplegia.
Settlement Discussions
The parties engaged in one mediation, at which various demands and offers were exchanged. In the weeks following the mediation, the parties continued to negotiate and ultimately resolved the case in the settlement amount of $9,450,000. The VCA defendants paid $9,350,000. The defendant Stewart paid $100,000 policy limits.
Injuries
Farma Kane's spinal cord was damaged at the C1-2 level, leaving her a ventilator-dependent quadriplegic. At the time of settlement, the past medical expenses totaled approximately $700,000. Farma will likely never be able to work and will require a lifetime of medical care and assistance.
Other Information
The VCA defendants filed a motion for summary judgment based on their contention that Omar Kane was outside the scope of his employment. After full briefing and oral argument, the court denied the motion.
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