Desiree Flemings v. Laura Sandoval, et al.
Published: Feb. 23, 2002 | Result Date: Dec. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: 01CC07977 Bench Decision – $52,804
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerome N. Peterson
(medical)
Defendant
Phillip Solomon
(medical)
Facts
On April 21, 2000, the plaintiff, age 10, was playing in her front yard when the defendant, age 11,
without any warning or notice threw a miniature billiard ball into the plaintiffÆs yard from across
the street, striking the plaintiff in her mouth.
Settlement Discussions
The plaintiffÆs C.C.P. Section 998 was the policy limit of $100,000, subsequently lowered at the mandatory settlement conference to $85,000. The defendantÆs offer of $15,000 was later raised to $20,000 at the mandatory settlement conference.
Specials in Evidence
$2,804 $20,000 - $29,000
Injuries
The plaintiff had a front tooth, number 8, knocked out and two lower teeth, numbers 24 and 25, chipped. The plaintiff will require a temporary denture until age 18, at which time an implant would be fitted. The plaintiff will require orthodontic work prior to the implant. The testimony indicated that the crown on the implant would have to be replaced every 10-15 years. With respect to the lower chipped teeth, a veneer would have to be applied. This would need to be redone every 10-15 years.
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