Facts

Mark Wang and his children were running late for a Cub Scout meeting. As Wang parked the van, Stanley Wang, then 6, quickly exited the vehicle despite warnings from Wang and Stanley's older sister to stop and wait. Stanley ran into the street where he was struck by an oncoming vehicle. Stanley was thrown more than 30 feet. He suffered injuries to his head and left leg as a result thereof. Wang and his children sued Lori Watts, the driver, for negligence.

Watts ultimately agreed to settle by tendering the full policy limits of her 15/30 automobile insurance policy. Stanley received $15,000, Wang received $14,000, and Shirley Wang received $1,000.

Wang and his children then sought further recovery via the supplementary underinsured-motorist provision of Wang's own insurance policy administered by Allstate Indemnity Co.

PLAINTIFFS' CONTENTION: Plaintiffs contended that there was at minimum 50 percent comparative negligence on the part of the other driver because she should have been aware of the child while she was driving.

DEFENDANT'S CONTENTIONS:
Defendant contended that the driver did nothing wrong and was driving below the posted speed limit. Defendant also alleged the driver also did not have sufficient time to react, as the child appeared very quickly and was obscured by Plaintiff's vehicle. Defendant further contended that the "classic dart-out" was Plaintiff's fault.

Damages

Stanley sought $200,000 in general damages.

Injuries

Stanley was transported to the hospital by ambulance. He sustained polytrauma, including open fractures to his tibula and fibula and a left-sided subdural hematoma. Stanley was placed on life support for approximately two days. He underwent several surgeries to fix the fractures. Stanley exhibited symptoms of a mild traumatic brain injury as a result of the accident, which also caused an exacerbation of his pre-existing attention deficit-hyperactivity disorder. Wang and Shirley each claimed negligent infliction of emotional distress.

Result

The matter proceeded to arbitration led by Kevin Kelly of Judicate West. It concluded with an award of $250,000 damages to Stanley, reduced by a finding of 75 percent fault on Wang. The award was thereby reduced to $62,500. Further compensation for Wang and Shirley was denied and Allstate was credited $15,000 for the prior settlement.