Reported in the Lawyers Weekly
After exiting her school bus, the 9 year old female plaintiff walked in front of the vehicle towards her home. At this time the defendant bus driver started to move forward and consequently hit the young plaintiff. This resulted in her being dragged under the bus for over 30 feet.
The defendant, not aware of the impact, continued to drive the bus on the designated route. When discovered, the child was immediately attended to by emergency medical personnel while both parents looked on.
At this time the plaintiff was transported via ambulance to a nearby hospital. She was diagnosed with several injuries including multiple acute trauma, a fractured jaw, teeth loss, two pelvic fractures, and an ankle fracture.
Within the next few months the child recovered remarkably, and she was at the point where she could participate in summer sports.
Even though the plaintiff recovered, she will require several facial surgeries when she finishes maturing within the next several years. During these procedures, bone grafting and implants will take place.
In this case the defendant accepted a plea of charges including driving to endanger. In addition, the defendant stipulated to liability. This way testimonial evidence relating to the incident could be thrown out.
To their advantage, the defendants argued that the child was resilient in her healing, and within six months she had recovered with a full range of motion. The defendant also added that the injuries to the face could not be noticed by an unaware observer.
Long settlement negotiations took place during litigation. This resulted in a present day value of approximately $825,000.
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