This minor’s suit arose out of an incident that occurred on September 3, 2016
while on the premises of the defendant located at 186 Warren Avenue in Cranston, Rhode Island. On that date, the minor plaintiff, age 9, was attending a birthday party at the above premises for the defendant’s son, Anthony Garcia, and was playing in the basement with other children. The parents of the children remained upstairs. A functioning and unprotected treadmill was located against a wall. While in the basement, the minor plaintiff was standing on the treadmill when Anthony turned the treadmill on and it carried Allyson forward causing her to get stuck between the treadmill and the wall.
Plaintiffs through their attorney Brian Cunha alleged the defendant was negligent in that he failed to provide adequate supervision for the minor plaintiff and other children. Defendant denies the allegation.If this matter were to proceed to trial, liability could have been an issue.
MEDICAL CONDITION AND TREATMENT
As a result of the incident, the minor plaintiff was taken by her parents to Hasbro
Children’s Hospital Emergency Room where after receiving a history and conducting
examinations, including a surgical consultation and x-rays of the right shin and left arm,
which were negative for fractures and dislocations, Allyson was diagnosed as sustaining a 2 cm curvilinear right shin laceration, along with second and third degree burns on her right arm and right anterior ankle, along with minor abrasions to both knees. TheRight knee was cleansed, debrided and sutured closed. The second degree burns were treated with Bacitracin Due to the nature of the injuries, Allyson was admitted to the pediatric surgical unit for observation, pain control and wound care.
The overnight admission was uneventful and the following day, after follow up
examination and dressing changes, the minor plaintiff was discharged home to the care of her parents with instructions as to wound care, pain management and follow up.
On September 13, 2016, the minor plaintiff was seen in follow up for the first
time with her surgeon, Nishant Merchant, M.D., at University Surgical Associates. By
way of history, there was no increase in pain with no redness or drainage at the wound
sites. Activity was normal. On the right forearm, healing was slow; however, the right
ankle area, which was quarter size, was healing with good granulation tissue. The
laceration was healed and sutures removed
Allyson was next seen by Dr. Merchant on September 20, 2016. Examination of
the right forearm revealed a burn with only a small amount of healing
around the edges with no sign of infection. Surgery was discussed with the family and a
decision made to proceed with grafting to the right forearm wound. The surgery
was performed on September 28,2016 at Hasbro Children’s Hospital.
Allyson was discharged home to the care of her parents with instructions as to
care for the burn and donor areas, prescription medication for pain and a follow up
appointment at University Surgical Associates on October 4, 2016.
Medical records from each visit demonstrated continued healing of the graft area, with no finding of infections. In addition, Allyson’s other
wounds had completely healed without any complications.
TERMS OF THE SETTLEMENT
Attorney Brian Cunha of Fall River Mass and Providence Rhode Island negotiated a settlement on behalf of the minor plaintiff with the defendant’s homeowners liability insurance carrier, for the policy limits of $100,000.00.
All medical bills were paid by the minor plaintiff’s healthcare provider at the
time, As far as the net settlement Attorney Cunha was able to work out an annuity for the minor child. Payouts from the annuity will be as follows:
$10,000.00 guaranteed, lump sum payment of$10,000.00 on 2/28/28 (age 18)
$20,000.00 guaranteed, lump sum payment of $20,000.00 on 2/28/29 (age 19)
$30,793.82 guaranteed, lump sum payment of $30,793.82 on 2/28/30 (age 20)
The total payout from the annuity will be $60,793.82. In addition $8,357.75 was turned over to the parents of the minor plaintiff to be placed into a trust savings account for Allyson with her mother as trustee. The settlement agreemnet was approved by a justice of the RI Superior court.