Verdicts& Settlements
when he swam into the deep end of
the pool, Marshall suffered a form of sudden
inhalation and disappeared. because of the cloudy
water, rescuers could not locate him.”
went to bradley’s house and then to a
market, where bradley allegedly bought
two bottles of hard lemonade. While they
were returning to bradley’s house, brad-
ley crashed his parents’ car. both teens
had to be cut from the wreckage.
tests revealed that bradley’s blood-
alcohol level was .14—nearly twice the
legal limit. He was convicted of driving
under the influence.
apodaca suffered brain injuries that
left him with permanent cognitive and
physical impairments. now 23, he suffers
from a severe right-arm contracture and
a severe left-foot drop. He is also incon-
tinent and has difficulty swallowing.
He can walk a limited distance using a
walker but requires assistance with many
basic living activities, and his cognitive
impairment will preclude him from
employment. His past medical expenses
totaled $2.4 million.
apodaca’s parents, on his behalf, sued
the winery and the market, alleging the
defendants violated california law by
furnishing alcohol to an obviously intoxi-
cated minor.
Suit also alleged that bradley was neg-
ligent in driving while intoxicated and
that his parents negligently entrusted the
vehicle to him.
the parties settled for about $3.6 mil-
lion. the winery contributed its policy
limit of $3 million, the market contrib-
uted $500,000, the bradleys paid their
policy limit of $100,000, and Sean bradley
paid $5,000. the settlement was struc-
tured, with a portion used to purchase an
annuity that will yield monthly payments
with an expected lifetime payout of
$4.9 million.
•••••
Citation:
Apodaca v. Doe Winery,
confidential Dkt. no. (cal., Sonoma
co. Super. Sept. 29, 2009).
plaintiff Counsel: aaJ member
Patrick W. emery, Santa rosa,
california.
PREMISES LIABILITY
apartment tenant
Suffers fatal burns
from Scalding
Shower Water
Doe, 79, was showering in her
apartment when the water temperature suddenly rose to more
than 160 degrees fahrenheit. She
suffered second- and third-degree burns
over 30 percent of her body. over the
next 11 weeks, she underwent multiple
skin-graft procedures but died of burn-related infections. Her medical expenses
of about $324,000 were paid by Medicare.
Doe, a retiree, is survived by one adult
daughter.
Doe’s daughter sued the owner of the
apartment building, alleging negligent
management, maintenance, and repair.
the plaintiff claimed that the building
owner’s negligence in installing and testing equipment and in failing to monitor
the water temperature resulted in superheated water being delivered to Doe’s
apartment.
Suit also named a product manufac-
turer, alleging that its defective design
and manufacture of the product caused
or contributed to the incident.
the defense argued that Doe was
negligent in operating the shower con-
trols and failed to properly mix the hot
and cold water.
the parties settled for $2.1 mil-
lion, paid by both defendants. Medi-
care has asserted a lien for the medical
expenses.
•••••
Citation:
Doe v. Roe Apt. Owner,
confidential Dkt. no. (cal., los
angeles co. Super. June 2009).
plaintiff Counsel:
aaJ members
John c. taylor and robert r. clayton,
both of los angeles.
college Student
Drowns at
Hotel Pool
DerriCK Marshall, 19, was
attending a family reunion at the
roadway Inn. the hotel’s pool
was undergoing maintenance
after the county health department shut
it down due to the water’s cloudy condition. notwithstanding this, hotel workers
allegedly told Marshall and others that
they could use the pool.
When he swam into the deep end of
the pool, Marshall suffered a form of sud-
den inhalation and disappeared. because
of the cloudy water, rescuers could not
locate him in the pool for about 12 min-
utes. He was revived but remained in
a vegetative state until his death more
than three months later. a college stu-
dent, he is survived by his parents and
two siblings.
a lawyer, serving as administrator of
Marshall’s estate, sued the hotel and its
manager, alleging that the defendants
negligently allowed Marshall and others
