Trial Lawyer News
Personal Injury Law News
April 3, 2009
Burger King Settles Brain Injury Suit for $20 Million
Jacob Buckett, a 12-year old boy from Temecula, CA, and his sister Isabelle, have been awarded $20 million as settlement in a personal injury suit brought against Burger King.
Jacob and his sister were playing at a playground inside the restaurant in August, 2005, when Jacob fell injuring his lungs, and his parietal lobe and his left front lobe.
The playground structure, which included a fireman's pole and monkey bars, had no rubber matting beneath it, just tile. Delta Marketing, the company that installed the playground was also named as a defendant in the suit.
The defendants allegedly claimed that the responsibility for watching the children was the father's, however the attorney for Jacob and his family maintained that there is an expectation of safety inherent in these types of situations. Furthermore, warning signs were not posted at the particular restaurant where Jacob fell, though other restaurants in the chain had posted warning signs.
Jacob's injuries resulted in his hospitalization for more than 4 months, and today he is still undergoing rehabilitation and has significant brain damage.
The attorney also contended that the restaurant and installer should have placed rubber beneath the structure, rather than leaving the tile floor.
Warning signs were not posted at the particular restaurant where Jacob
fell, though other restaurants in the chain had such signs posted, Aitken said.
After his initial treatment, Jacob was placed on a ventilator and stayed in a hospital for more than a month, before being admitted to a rehabilitation hospital for six weeks.
Because of complications when a ventricle shunt was placed, he had to be
readmitted to Children's Hospital in San Diego for two more months.
The boy is still undergoing rehabilitation and has significant brain damage, according to Aitken.
The sister was awarded money in the settlement because she suffered negligent infliction of emotional distress, Aitken said.
Sometimes, personal injury expenses can be overwhelming, and contacting a lawyer becomes necessary.
Dealing with insurance companies can sometimes be difficult. If you are considering an injury case, contact the Houston Personal injury lawyers of the Stephens Law Firm at 713-224-0000
The Stephens Law Firm will represent people anywhere in Texas, or across the United States if the case merits it. The communities we have frequently served over the past 22 years include: Houston, Katy, Beaumont, Liberty, Richmond, Rosenberg, Wharton, Corpus-Christi, Waller, Austin, Brownsville, McAllen, Dallas, and San Antonio. We have extensive experience in the County and District Courts of Harris County, Ft Bend County, Nueces County, Wharton County, Bexar County, Liberty County, and Jefferson County.
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