Facts

Plaintiff Feliciti Karavolos, when just two months old, sustained injuries within her Whittier apartment. Allegedly due to a gas leak, she could not breathe, started to shake, and gasped for air. She was attended to by emergency personnel and then taken to the hospital.

Immediately after the incident, the Gas Company came to the apartment and detected gas leaks from both the apartment's wall heater and stove. After initially suffering respiratory ailments, Feliciti to this day suffers from developmental delays, especially to her ability to speak. Now at three years old, she speaks only a few words and at a level well beneath her age.

PLAINTIFF'S CONTENTIONS:
Based on her medical experts' opinions, plaintiff contended that her injuries were caused by one or both gas leaks from these defective appliances and that her parents had told the property owner, defendant Colton General, about these defective appliances in advance both in writing and in person. Based on her medical experts' opinions, plaintiff contended that her initial injuries were respiratory in nature, and, over time, her chronic exposure to the apartment's gas leaks caused her developmental delays, especially her substantial speech defect.

Plaintiff contended that, for at least the near future, she will require regular and intensive speech and language services, as well as occupational therapy and possibly physical therapy services, to address her fine and gross motor-skill difficulties.

DEFENDANT'S CONTENTIONS:
Defendant Colton General, the property owner, denied that there were any defects in the subject apartment, including any gas leak, any advance notice of any such leak, or that anything about the apartment caused any injury to Feliciti.

Defendant denied that anything about its property, including any alleged gas leak, caused any injury or developmental problem for Feliciti.

Defendant denied that Feliciti will require anything more than government-provided therapy services for her admitted developmental delays.

Settlement Discussions

Four Mandatory Settlement Conferences took place.

Damages

Feliciti's injuries were as follows: global delay in affective gross motor, fine motor, and language; maturation and developmental delays; neurologic deficit in significant language disorder, difficulties, and delay; receptive and Expressive Language Disorder; significantly delayed cognitive ability; overall cognitive and adaptive behavior skill performances within the range of mental retardation; and various motor skill deficits, including delays in gross and fine motor coordination, poor overall gross motor tone, skills, and control.

Result

$300,000 settlement.