Confidential
Settlement – $1,275,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Anthony C. Stein Ph.D.
(technical)
David B. Granet
(medical)
Michael A. Levy
(Evans Law Firm Inc. )
(medical)
Ronald M. Baum
(medical)
Richard A. Adams
(medical)
Edward D. Ruzak P.E.
(technical)
Gene Dossett
(medical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Robert B. Hall Ph.D.
(medical)
Nancy Martel
(medical)
Thomas F. Fugger Jr., P.E.
(technical)
Laura Fuchs Dolan
(technical)
Thomas R. Vecchione
(medical)
Facts
The plaintiffs, Aveolela Napoleon and her six-month-old son, Kylan, were victims of a hit and run. While Aveolela was using a crosswalk to cross Kempf Street at Golden Avenue, a four-lane road in the City of Lemon Grove, she was hit by a car. The driver left the scene and was never found. Aveolela was knocked through the air and landed in the middle of the roadway suffering serious injuries. Her son was thrown from his sling and suffered life-threatening injuries.
Settlement Discussions
The mediator allocated the settlement proceeds to Kylan at 68 percent and Aveolela at 32 percent. A special needs trust was established for Kylan and an annuity was purchased with an expected payhout of $1,268,000 and guaranteed monthly payments for during Kylan's life.
Specials in Evidence
$97,800 (Kylan); $64,819 (Aveolela)
Injuries
Baby Kylan suffered extensive subarachnoid hemorrhage, parietal contusion, subdural contusion, skull fracture, orbital fracture, respiratory failure, right radial fracture, and left humeral fracture. He had two shunts inserted into his brain, including one that still remains to drain fluid. He may have future cognitive disability and his physical and mental development were delayed. Aveolela suffered from a displaced sinus fracture, right elbow fracture, dislocation of the ulnar and tibia plateau, lacerated forehead, and lacerated knee. She required surgery on her arm, knee, leg, and needed plastic surgery on her face.
Result
The court allocated the settlement proceeds to Kylan at 68 percent and Aveolela at 32 percent. A special needs trust was established for Kylan and an annuity was purchased with an expected payout of $1,268,000 and guaranteed monthly payments for during Kylan's life. The trust also includes cash for the purchase of a home.
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