Automatic gate closes on boy's neck: Failure to keep safe, warn: Cognitive deficits: Emotional distress: Structured settlement: Verdict

Law Reporter, Jun 2003

Doe v. White Co., Cal., confidential court and docket no., Oct. 18, 2002.

Doe, 4, was at a storage facility where his grandmother was inquiring about renting space when the facility's automatic gate closed on his neck, preventing him from breathing. Doe suffered cognitive deficits as a result of oxygen deprivation, including impaired executive, intellectual, and behavioral functioning, impaired motor functioning, and exacerbated speech and language problems. His past and future medical expenses and future lost income are estimated at $5 million.

Doe's grandmother sued the storage facility, individually and on his behalf, alleging failure to keep Doe away from the gate, in violation of company policy, and failure to warn of the danger. Suit also alleged negligent infliction of emotional distress on Doe's grandmother. Plaintiffs also sued the manufacturer of the gate and its successor company, alleging that the gate was defective in that it had inadequate safety features.

Defendants argued that Doe's grandmother was negligent for leaving Doe unattended.

The storage facility and the manufacturer's successor corporation settled before trial for approximately $1.13 million. Doe will receive $1.05 million, including $750,000 from the storage facility and $300,000 from the successor corporation. Two-thirds of the storage facility's contribution will be in cash, and the remainder in an annuity. His grandmother will receive $75,000 from the storage facility for her emotional distress claim.

Plaintiffs proceeded to a bench trial against the manufacturer. The court entered a default judgment and awarded plaintiffs approximately $20.53 million.

Plaintiffs' experts included Ken Buske, electrical engineering, Benicia, CaL; George K. Henry, pediatrie neuropsychology, Los Angeles, Cal.; Ronald M. Baum, pediatrie neurology, West Hills, Cal.; Jan Roughan, life care planning, Arcadia, Cal.; and Joyce Pickersgill, economics, Santa Ana, Cal.

Plaintiffs' Counsel

*Kevin Lancaster, San Francisco, Cal.