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
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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