Confidential
Settlement – $105,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Frank S. Clowney III
(Law Office of Frank S. Clowney III)
Defendant
Experts
Plaintiff
Henry Chambers
(medical)
Defendant
Michael Hennessy
(medical)
Facts
This case involved 2 minor Plaintiffs, ages 3 and 8 years, who were passengers in their mother's automobile. At approximately 2:00 a.m. on July 14, 1992, on southbound I-5 in the Camp Pendleton area of northern San Diego County, Defendants' airport shuttle van veered right into the number 4 lane and collided with the rear of the Plaintiffs' vehicle. Both vehicles left the right side of the freeway and rolled over several times. The driver of the shuttle van had allegedly fallen asleep and thereby caused the collision. The owners of the shuttle van were uninsured. However, the van was shuttling 2 people who had been scheduled by Defendant airline to land in San Diego, but, due to equipment problems were rerouted to Los Angeles and issued vouchers by Defendant airline for transport by way of Defendant shuttle van company's vehicle to San Diego.
Settlement Discussions
Plaintiffs contend they demanded $175,000 for the 3-year-old girl and Plaintiff 8-year-old male demanded $10,000; and Defendant airline offered $100,000 present value structured to the first Plaintiff and $5,000 present value structured to the second Plaintiff.
Specials in Evidence
$32,383 (3-year-old girl) $123 (8-year-old boy) $3,000 to $7,500 (3-year-old girl)
Injuries
Plaintiff 3-year-old girl: subtrochanteric fracture of the right femur requiring open reduction internal fixation; chemically induced aspiration pneumonia from ingesting gasoline during the crash and partial collapse of the right lung requiring hospitalization; laceration to the head requiring sutures. Plaintiff 8-year-old male: abrasion to the head requiring emergent care and overnight observation with one follow-up examination.
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