Verdicts & Settlements
A 9-year-old plaintiff went to a neighbor’s house, where two 10-year-old boys were in the backyard playing with a bow and arrow.
The plaintiff claimed that one of the boys shot an arrow at a can in the general direction of the plaintiff.
The arrow hit a split-rail fence and then ricocheted and travelled approximately 50 feet, striking the plaintiff’s left eye.
The plaintiff suffered a conjunctival laceration, a corneal abrasion and microphyema. He underwent emergency surgery and later underwent a scar-reduction procedure to his eye approximately one year after the injury.
The plaintiff was left with permanent partial blindness in his left eye that affected all but the very bottom of his field of vision.
The plaintiff’s medical bills totaled $20,000.
The plaintiff pursued claims against both the family who owned the bow and arrow, whose child was the actual shooter of the arrow that hit the plaintiff (insured by USAA) and the family who owned the house where the shooting occurred, and whose son was also playing with the bow and arrow (insured by Nationwide).
After a failed pre-suit mediation with both carriers, the plaintiff filed suit. USAA settled the claim against its insureds for $290,000 (from a $300,000 policy). Following the defendants’ depositions, Nationwide paid an additional $150,000.
The total settlement came out to $440,000, of which $269,000 was invested in two separate structured settlements through Millennium Settlements (brokered by Bryan Milner), which will pay the plaintiff almost $500,000 between the ages of 18-32.
Type of action: Homeowner’s negligence
Injuries alleged: Permanent partial blindness and scarring
Case name: Bryant v. Lumsden, et al.
Case number: 07-CVS-208
Court: Currituck County Superior Court
Verdict or settlement: Settlement (mediation)
Date: 2007 and 2008
Amount: $440,000
Special damages: $20,000 (medical bills)
Insurer: USAA and Nationwide
Plaintiff’s attorneys: Danny Glover Jr. and D. Keith Teague of Teague & Glover (Elizabeth City) and Paul R. Hernandez of Kalfus & Nachman (Norfolk, Va.)
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