Five year-old boy burned over 30% of his body by an improperly set and secured hot water heater, allowing apartment tenants to raise the water temperature. Mother sued for emotional damages. Lifetime amount of the structured settlement of policy limits of $2,911,721.00.

Defendant Insurance: Truck Insurance Exchange

Date, Time and Place of Incident(s): April 25, 1997, Plaintiff home

Facts and Background:  
Plaintiff Margarita Ruiz was showering Richard Dietz and his younger brother. She took the brother out of the shower to dry him off and quickly dress him for his grandmother who was waiting downstairs. As she did so, she heard Richard's screams from the shower. She tried to open the shower door but was delayed because of the defectively repaired door. Finally, she was able to open it and remove Richard. Somehow, the water had turned to hot, causing second degree burns over 30% of Richard's body. He was hospitalized for 30 days, during which there was a serious concern he would die. Eventually, he was released home, where his father continued to care for him, changing his dressings, applying lotions, and administering medications. It was later learned that the door to the shower had been negligently maintained and/or repaired. .

Plaintiff's Contentions, Allegations:
The door to the room which housed the water heater for the small apartment complex, owned by defendant, was broken, allowing residents or others to change the temperature setting on the water heater. The setting at the time of the incident was the highest setting. The water heater had a warning label on it warning of the potential for scalding injuries if set at the highest temperature.

Injuries and/or Damages:
Richard: Second degree burns over 30% of his body. Margarita: Severe emotional distress.

Specials: PAST MEDICAL: $ 200,000.00; FUTURE MEDICAL: $40,000.00 plus

Demand: Policy limits of $500,000.00

Offer: $500,000.00

Settlement Amounts: Policy limits structured totaling $2,911,721.00

Attorney for client: Vincent J. Bartolotta, Jr.; Catherine A. Richardson

Attorney for defendant: Marcus Day, Aiken, D Angelo & Banner

Individual Defendants:
Five year-old boy burned over 30% of his body by an improperly set and secured hot water heater, allowing apartment tenants to raise the water temperature. Mother sued for emotional damages. Lifetime amount of the structured settlement of policy limits of $2,911,721.00.