Confidential
Settlement – $170,000Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)
David A. Clinton
(Clinton & Clinton )
Experts
Plaintiff
David M. Donnelly
(medical)
Defendant
Albert A. Cutri
(medical)
Facts
On June 19, 2001, the plaintiff was injured while working at the defendant's farm. At the time of the injury, she was tending to a horse that had been tethered to a metal bar anchored in a railroad tie, a series of which formed a corral on the defendant's property. Concurrently, at least three other horses were loose in the corral and one of them, apparently, nipped the rear of the animal that the plaintiff was tending to, causing the tethered horse to rear up on its hind legs, pulling the metal bar out of the railroad tie and striking the plaintiff in the jaw and face.
Specials in Evidence
$60,000 (this was disputed by the defense and additionally, the defendant's carrier contended that the injury was not a covered loss)
Injuries
The plaintiff sustained a right mandibular fracture of her two front teeth (numbers 8 and 9). She underwent an open reduction with internal plate fixation and intermaxillary fixation. She subsequently had root canals and crowns on the front teeth. She continues to suffer TMJ pain because of derangement of the joint. Splint and physical therapy have been recommended by both the plaintiff and the defense. There is a potential need for corrective TMJ surgery.
Other Information
The case was settled at second mediation before retired Judge Robert J. O'Neill, approximately one month prior to trial.
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