Case details

Plaintiff: Minor’s foot run over by vehicle in driveway

SUMMARY

$500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Sept. 21, 2014, plaintiff Henry Daigle, 3, was in the driveway of his house, located at 1200 Spur Valley Road, in Goleta, when Kimberly Mast drove a Ford Explorer sport utility vehicle up the driveway and ran over Henry’s right foot. Henry, acting through his mother, sued Ms. Mast and the owner of the SUV, Derek Mast. Henry alleged that Ms. Mast was negligent in the operation of her vehicle and that Mr. Mast was vicariously liable for Ms. Mast’s actions. Plaintiff’s counsel asserted that Ms. Mast was inattentive, so she failed to see Henry in the driveway and avoid him. Ms. Mast conceded liability., Due to the friction from the tire, Henry suffered third degree burns on his right foot, which left an open wound along the lateral side that measured 7.0 by 3.5 centimeters. He was immediately taken to a hospital, where he underwent irrigation and a debridement, harvesting a full-thickness skin graft with a fasciocutaneous flap reconstruction. Henry claimed he suffered from post-traumatic stress disorder as a result of the incident. He also has a residual, hypertrophic train-track appearance over the lateral aspects of his foot from the suturing. Henry claimed that he continues to suffer from phantom pain at the graft site. He will eventually require reconstructive surgery, including a local flap revision, as he continues to grow. Henry sought recovery of $29,245 in past medical costs and between $150,000 and $200,000 for his future medical costs. He also sought recovery of damages for his past and future physical and emotional pain and suffering.
COURT
Superior Court of Santa Barbara County, Santa Barbara, CA

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