Case details
Suit: Child’s leg broke due to unsupervised trampoline use
SUMMARY
$750000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, left leg, leg, shortened
FACTS
On June 1, 2008, plaintiff Cali Burchett, 8, and her 10-year-old playmate snuck onto a trampoline at the home of George Staykow on Mark West Springs Road in Santa Rosa. The children then played an unsupervised game known as popcorn whereby the older girl would jump and cause the smaller girl to be propelled into the air. While playing the game, Cali came down awkwardly on her left leg, fracturing it. Cali, through her family, sued Staykow. Cali’s family alleged that Staykow was negligent in his supervision of the girls, causing the accident to occur. Specifically, Cali claimed that Staykow saw her and the other girl on the trampoline, but did not tell them to get off of it. Staykow maintained that he did not know the girls were on the trampoline. He also filed a cross-complaint against the girls’ mothers, Crystal Burchett and Karen Church, who were also at the house at the time of the accident. Staykow alleged that the mothers were negligent for failing to supervise the girls themselves. The mothers maintained that they were in front of the house at the time of the incident and that Staykow would not let them into the house to supervise the girls. Thus, they claimed that Staykow was negligent for losing track of the girls when they went into the house to go to the bathroom, allowing them to sneak into the backyard and play on the trampoline., Cali suffered a fracture through the growth plate of the left distal femur, which was pinned at Kaiser San Rafael on the day of the accident. A little under three years later, Cali went through a growth spurt, but she suffered a growth arrest of the posterior aspect of the femoral physis. Plaintiff’s counsel contended that as a result, Cali wound up with a bowing of the knee and a 1.5- to 2-inch discrepancy in length between the good leg and the injured leg. Thus, in September 2011, Cali underwent an extension osteotomy and plating of the left leg, and a right knee epiphysiodesis in order to arrest the growth of the good leg. However, plaintiff’s counsel contended that Cali was left with one leg shorter than the other. The plaintiff’s medical cost and billing expert, a medical cost consultant, noted that Kaiser’s consolidated statement of benefits totaled $24,776 for Cali’s initial treatment and determined that the surgeries had a value of approximately $60,000. The expert opined that if Cali underwent a Taylor Spatial Frame surgery in another attempt to lengthen the bad leg, it would cost approximately $90,277.71. The plaintiff’s expert physiatrist would have testified to a life care plan for Cali, allegedly totaling $224,891. The alleged life care plan included future pain management, physical therapy, psychiatric care and occupational therapy.
COURT
Superior Court of Sonoma County, Sonoma, CA
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