Facts

On Nov. 21, 2014, plaintiff Benjamin Budd, 28, was a patron of Monster Miata in San Marcos. At the same time, defendant Martin Wilson, 55, was operating an air cannon, also known as a potato gun, that was fabricated by him. Wilson shot a golf ball from the air canon, and the golf ball struck plaintiff's right foot.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendant was negligent and 100 percent liable for the incident claiming past medical bills, pain and suffering. No loss of earnings or future medical care and treatment were claimed.

DEFENDANT'S CONTENTIONS:
Defendant disputed liability, causation, and extent of damages, and denied coverage as well, claiming that the homeowner's policy was not implicated since the incident happened at defendant's business premises and there was a business exclusion in the homeowner's policy. Allstate paid subject to a reservation of rights.

Settlement Discussions

Plaintiffs demanded $300,000 homeowner's policy limits. Defendant offered $0 and coverage was disputed, but tender was made after a letter was sent by plaintiff from counsel alleging bad faith.

Injuries

Plaintiff sustained a fracture to several bones in his right foot with surgery. Medical bills were paid in the amount of $29,800. Plaintiff's wife, Dannette Budd, 42, made claims for loss of consortium.

Result

The case settled for $300,000 (policy limits).

Other Information

FILING DATE: Feb. 11, 2015.