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Personal Injury
Premises Liability
Negligent Repair and Maintenance

Jayden Davis-Maynard, by and through her Guardian Ad Litem Amada Davis v. Jim Newton, Terrence Polen

Published: Oct. 12, 2013 | Result Date: Jan. 1, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 12CECG00628 Settlement –  $1,800,000

Court

Fresno Superior


Attorneys

Plaintiff

Marni Beth Folinsky

C. Michael Alder
(AlderLaw PC)


Defendant

Theodore W. Hoppe
(Hoppe Law Group)

John L. Rozier
(Nelson & Rozier)


Facts

On Dec. 1, 2011, Jayden Davis-Maynard, a two year old, was in the backyard of his home when he slipped through a vertical fence board and into his neighbor's backyard pool. He was later found in the pool, after suffering from cardiorespiratory arrest and hypoxia. He narrowly survived the near drowning. Davis's family then sued Jim Newton, the owner of his family's home, and Terrence Polen, the owner of the neighboring home.

Contentions

PLAINTIFF'S CONTENTIONS:
Davis argued that both defendants were negligent due to their lack of maintenance of the fence. He also claimed that Polen was negligent for failing to properly secure the swimming pool.

Damages

The plaintiffs sought $169,868 in medical costs.

Injuries

Davis received CPR and was transported to an emergency room, where he was stabilized. He suffered severe developmental delays due to the accident, including limited use of his limbs and minimal verbal communication.

Result

The parties settled for $1.8 million.


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