This article was originally published in Michigan Lawyers Weekly on October 5, 2021.
$1,550,000 settlement
By: Michigan Lawyers Weekly Staff - in Verdicts & Settlements - October 1, 2021
This case arose out of the drowning death of an 8-year-old girl. The decedent was a guest of a birthday party held at a community apartment complex pool.
Despite being a relatively experienced swimmer, the decedent entered the deep end of the pool and began to struggle to stay afloat. Two boys attempted a rescue, however they encountered difficulty with the safety equipment.
The plaintiff alleged that the life ring was not in a “rescue ready” condition and the rope was insufficient length in violation of regulatory requirements.
The defendant maintained that the apartment complex was in full compliance with safety regulations, the decedent was swimming while unsupervised and another child had pulled her under the water.
Type of action: Negligence
Injuries alleged: Death
Name of case: Doe v. Apartment complex
Court/Date: Calhoun County Circuit Court; Aug. 16, 2021
Name of judge: Hon. John Hallacy
Name of mediator: William W. Jack Jr.
Case evaluation: $3,500,000
Settlement amount: $1,550,000
Most helpful expert(s): Gerald Dworkin, aquatic safety
Insurance carrier(s): Auto Owners Insurance Company
Attorney for plaintiff: A. Vince Colella, Southfield
The attorneys of Moss & Colella have carefully chosen their career paths to fight for those that have suffered from injury and wrongful death. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case.
David Moss and Vince Colella have over 60 collective years of personal injury trial experience that provides you a level of legal services and success unmatched by other firms. By working together, we have the ability to find creative, effective, and efficient solutions to even the most complex cases. No matter what situation you face, we will help you get through it.
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