$150,000: Boy Factures Leg At Del Taco When Partition Falls On Him

June 9, 2010

CASE DESCRIPTION: Hayden Corlette, 5-years =-old, was at a Del Taco with his family when a partition fell on him, trapping him underneath and fracturing his right leg.

RESULT:  $150,000.00 settlement

On May 20, 2007, the Corlette family arrived at Del Taco, Store #711 located at the corner of Imperial and Orangethorpe in Yorba Linda, California.  After ordering and receiving their food they sat down in the dining area to eat.  Hayden Corlette went to the front of the restaurant to fill up his drink.  After returning from the drink machine Hayden stood near the dividing wall which separates the dining area from the front of the restaurant.  Hayden stood talking with his mother and family when suddenly and without warning, the dividing wall fell on top of him trapping him underneath.  911 was called and the paramedics responded to the scene of the incident.  As a result of the incident, Hayden suffered from closed unstable right distal tibia and fibular shaft fractures requiring immediate surgery. Residual leg length discrepancy resulted due to overgrowth from the trauma to the extremity.

PLAINTIFF’S CONTENTIONS: Defendant, Del Taco, LLC, negligently maintained the  dividing wall which separates the dining area from the front of the restaurant.  As a result of Del Taco, LLC’s negligence, this dividing wall fell on top of  Plaintiff, Hayden Corlette causing severe injury to his leg.

INJURIES: Closed unstable right distal tibia and fibular shaft fractures requiring immediate surgery; residual leg length discrepancy due to overgrowth from the trauma to the extremity.

Plaintiffs, Robert Corlette, Tami Corlette, Hillary Machado, Heather Machado, Harrison Corlette, all maintained Dillon v. Legg claims resulting from having witnessed the incident.

FINAL RESULT:
$150,000.00 settlement
($135,000 to Hayden Corlette)
($7,500 to Robert Corlette father)
($7,500 to Tami Corlette mother)
(Hillary Machado, Heather Machado and Harrison Corlette, all minors, waived their right to recovery)

MEDICAL SPECIALS: Approximately $33,035.06 in medical specials were paid.

TYPE OF CASE: Personal Injury, Negligent Infliction of Emotional Distress

DATE AND LOCATION OF INCIDENT: May 20, 2007, at Del Taco, Store #711, 19701 Esperanza Avenue, Yorba Linda, CA 92886

PLAINTIFFS:
Hayden Corlette (age 5 on date of incident)
Robert Corlette (Father)
Tami Corlette (Mother)
Hillary Machado (age 14 on date of incident)
Heather Machado (age 12 on date of incident)
Harrison Corlette (age 7 on date of incident)

DEFENDANTS: Del Taco, LLC

PLAINTIFFS’ ATTORNEYS:
Michael A. Penn
AITKEN * AITKEN * COHN
DEFENDANTS’ ATTORNEYS: Del Taco, LLC

DEFENDANT’S INSURANCE: Del Taco, a self-insured corporation