Facts

Minor Liam Pappakostas, by and through his Guardian ad Litem, Laura Pappakostas, and Mark Pappakostas sued the State of California, Dept. of Transportation, Trinity Highway Products LLC, and Trinity Industries Inc., in connection with an incident that allegedly occurred on Dec. 16, 2012 at around 3 in the afternoon.

PLAINTIFFS' CONTENTIONS:
Plaintiff Mark was driving home from a memorial service he attended with his three-year-old son Liam. Liam was strapped in his booster seat when Mark fell asleep momentarily. Consequently, his van drifted and struck the end of a roadside metal beam guardrail. The guardrail was designed to collapse, but did not do so. As a result, it impaled plaintiffs' vehicle, causing severe traumatic injuries to plaintiffs. Plaintiffs then sued Caltrans, which maintained the guardrail, as well as the manufacturer of the guardrail end treatment. Plaintiffs claimed the guardrail end treatment was improperly installed, causing it to fail, resulting in plaintiffs' catastrophic injuries.

DEFENDANTS' CONTENTIONS:
Caltrans alleged that the guardrail at the subject location was defective and Trinity's fault. Caltrans also blamed Mark for the crash.

Damages

The Pappakostas' medical liens amounted to $2.2 million. Liam sought $37 in future medical expenses and an unspecified amount in past and future pain and suffering. Mark, meanwhile, sought $3 million in future medical expenses and an unspecified amount in pain and suffering.

Injuries

Mark's leg had to be amputated while Liam sustained multiple injuries to various parts of his head and body. Among other things, Liam suffered from a traumatic brain injury, collapsed left lung, multiple fractures, as well as abdominal and liver lacerations. Liam underwent multiple surgeries to repair his abdomen. Overall, Liam's injuries left him with a learning disability, several deficits, and wheelchair bound.

Result

Caltrans reached a $10 million settlement with plaintiffs, with minor Liam receiving $8 million of the total settlement.

Other Information

The other defendants also reached a settlement with the plaintiffs on terms that are satisfactory to the parties. Total annuity payout will exceed $20 million over Liam's life. FILING DATE: Oct. 3, 2013.