Facts

Court records show that on Aug. 25, 2004, plaintiff K.B.'s parents employed defendants Mayflower Transit LLC, Best Moving Inc., and Edward Salazar to transport plaintiff's family from Canyon County to Sparks, Nevada. Salazar, "Carlos," and "Marcos" were the movers, with Carlos driving the company's vehicle and Marcos and Salazar as moving helpers. Carlos proposed that some of the plaintiff's family possessions be packed into the family's 1987 Hawkins Motor Coach home. Salazar decided to drive the Motor Coach home. Plaintiff, a nine-year-old, was in the motor home, along with the family's two dogs.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Salazar had been drinking several cans of 24-ounce beers while behind the wheel of the motor home and with plaintiff in the back. The plaintiff asserted that he had spoken to Salazar and warned him against drinking and driving. The plaintiff stated that Salazar told him, "Shut the f--- up and get in the back."

While driving in Mono County, California, Salazar lost control of the motor home and crashed into a metal guardrail, causing the motor home to roll over at least two times. Plaintiff and Salazar had to be picked up by a helicopter and taken to Washoe Medical Center. Salazar subsequently died.

Settlement Discussions

Court records indicate that a settlement agreement was reached before Magistrate Judge Dale A. Drozd.

Damages

The plaintiff claimed that he was the victim of intentional infliction of emotional distress, contending that he was entitled to $1,000,000.

Injuries

Court records show that plaintiff claimed injuries including cuts, bruises, back, hip, rib, groin, and neck injuries, and emotional distress.

Result

A settlement was entered into, amounting to $100,000 and consisting of $25,000 in attorney fees, $4,101 in attorney expenses, $3,370 in guardian expenses and $8,002 for medical liens. An order was entered by the court granting $7,500 of the remaining proceeds to be placed in a trust money market account for continuous counseling and medicine. The remaining $52,026 was to be put into a trust investment account open to plaintiff upon reaching 18. Defendant Best Value agreed to pay the entire settlement in exchange for dismissal of the complaint as to all defendants.

Other Information

FILING DATE: Aug. 21, 2006.