Facts

Plaintiff Haley Kidd, 15, was a seat-belted passenger in a Yamaha Rhino driven by defendant Duncan Maxwell, 17. The Yamaha Rhino was rented at a facility in Cabo San Lucas, Mexico. Defendant was operating the vehicle off-road at too high of speed when he attempted a left turning maneuver and caused the Yamaha Rhino to roll over. Plaintiff's right foot was forced outside the vehicle and was crushed. The driver was well-qualified to operate the Rhino as he was an avid dirt bike rider. He did not have a driver's license, which was not required in Mexico. Plaintiff's mother took defendant driver on vacation, and rented the Yamaha Rhino, but had no reason to believe that he would speed and show off as there was no past track record. The Yamaha Rhino rental place went out business. The actual vehicle could not be located.

Plaintiff initiated a lawsuit against the defendant driver and his parents, which implicated defendant's homeowner's coverage. Plaintiff claimed the policy provided liability coverage for the operation of an off-road vehicle in Mexico.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant's homeowner's insurance policy of $1 million applied to this off-road accident in Mexico. Defendant had exclusive control over the operation of the vehicle and he is responsible for the rollover.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff assumed the risk of injury by participating in off-road driving activity on the beach where rollover was likely to occur. Defendant argued that plaintiff's mother was negligent for failing to properly supervise the minors.

Damages

The paid medical bills totaled $80,000. There was no claim for loss of earnings or earnings capacity. The focus was past and future noneconomic damages for disfigurement, emotional distress, and loss of enjoyment of life.

Injuries

Plaintiff sustained a large avulsion of the right heel fat pad and two longitudinal avulsions to her right foot. She was taken to the hospital in Mexico where surgery was performed to debride and irrigate the wounds and surgically close them. After two days, plaintiff was transferred to UCLA Hospital where she remained for five days on Morphine and heavy antibiotics. The wound on the right heel developed post-traumatic ischemic changes and the wound would not close. Plaintiff had to undergo hyperbaric oxygen chamber therapy five days a week for two hours over a three-month period in order to get the wound to close. The right heel wound developed gangrene, which required numerous debridement procedures. Plaintiff is missing most of her heel pad. She is unable to make contact with the heel of her right foot on the floor. She has severe pain in the foot and ankle. There is hypersensitivity. Plaintiff was diagnosed with Type 2 complex regional pain syndrome. She was also diagnosed with tibial and peroneal motor neuropathy for which she received a sympathetic nerve block. The right foot and heel has residual scarring and deformity. She wears tennis shoes. She is unable to wear high heels because it immediately increases the pain. Before the accident, plaintiff was committed to competitive figure skating, which she has been doing since she was a child. Her goal was to participate in the Olympics. She practiced figure skating six days a week, three to four hours a day. She had competed in numerous competitions and had won most of them. Following the accident, she was unable to skate for almost two years. She had to learn to skate all over again. She is still skating five days a week with a coach. She has competed in five competitions but has not placed in any of them.

Result

The parties settled for $950,000.

Other Information

FILING DATE: March 4, 2011