Confidential
Settlement – $200,000Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Glen R. Olson
(Long & Levit LLP)
Experts
Plaintiff
Al Scanlon
(technical)
Bruce L. Daniels
(medical)
Defendant
Jeffrey L. Rosenberg
(medical)
David L. Collins
(technical)
Facts
On June 22, 1994, the plaintiff, a 4-year-old child, and another 4-year-old child, were patrons of an amusement park attraction operated by the defendant amusement company. The adult chaperones waited outside while the children wer on the ride. While on a pedestrian turntable, the minor plaintiff was drawn under a gate and into the drive mechanism due to the failure of a microswitch to shut off power to the turntable when the gate was moved. The minor plaintiff suffered friction burns on her legs. The plaintiff brought this action against the defendants based on strict products liability, negligence and breach of the implied warranty of safety theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendant made no initial settlement offer.
Specials in Evidence
$13,462 $_____________
Injuries
The plaintiff alleged that she sustained serious friction burns to the inside of her right thigh and to the back of her calf, requiring skin graft surgery and resulting in scars on her right thigh and left hip from the skin donor site.
Other Information
The settlement was reached approximately one year and seven months after the case was filed. A settlement conference was held on Feb, 29, 1996, before Judge Richard St. John resulting in the reported settlement.
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