$500,000 Settlement in “Mild” Traumatic Brain Injury From Fall in Playground

Type of action:

Premises/Playground Liability

Injuries alleged:

“Mild” Traumatic Brain Injury

Amount of settlement:

$500,000.00

Other useful information:

Plaintiff and her minor son alleged that her minor son was at a fast food franchise restaurant when he was playing in the indoor playground and allegedly fell approximately five feet through an open hole that existed in the nylon netting causing him to hit his head. At the time the minor child was five years of age. Plaintiff alleged that the defendant knew or should have known of the dangerous condition of the playground and that the netting had been subject to vandalism in the past.

The minor plaintiff subsequently complained of headaches and episodes which are described as confusional states and thought to represent possible seizure activity. Plaintiff’s expert medical doctor was prepared to testify that the minor suffered from post-traumatic migraine headaches and a partial complex seizure disorder.

Defendants disputed liability and disputed damages. Defendants contended that it conducted regular and reasonable inspections of the playground and was unaware that moments prior to plaintiff’s minor son’s injuries, some children had vandalized the netting. Further, they contested damages and asserted that plaintiff’s minor son’s injury was trivial, that he had been diagnosed with a prior sleep disorder and attentional disorder and that therefore any problems he was currently asserting were the result of pre-existing trauma, emotional difficulties, sleep disorder and attention deficit disorder.

The case settled just prior to trial at mediation. In addition to plaintiffs’ medical experts, plaintiffs retained a number of other experts who addressed the minor’s future medical needs, vocational loss and other economic damages.