Balzer v. Dewitt
Feb 13, 1996OUTCOME: $544,000, plus interest and costs
Mitchell was a 14 year old visiting a friend's home with other members of his Junior High School football team. One of the boys began horsing around with a BB gun owned by the friend whose house it was ... . In a tragic coincidence, Mitch looked around a corner just as the BB gun discharged, and the BB went through his eyelid and into his eye. That began an ordeal for Mitch that would last for several years. Ultimately, despite the best efforts of his doctors, and multiple surgeries, his eye had to be removed. Claims were made against the boy who fired the gun, and after months of negotiation his insuror was convinced to pay $300,000 (policy limits). We then commenced a lawsuit against the owners of the premises, seeking payment under their homeowners insurance policy. The limit on that policy was $100,000. The insurance company denied any liability, and refused to make any kind of a fair settlement offer. They also contended that the $300,000 we had already recovered for Mitch was more than enough. We contended that the failure to secure and supervise the BB gun constituted negligence. Shortly before trial we engaged in formal mediation. The insurance company's best offer was "possibly $5,000", if we agreed in advance to accept it if they proposed it. They also brought a flurry of motions to dismiss our case shortly before trial, but we successfully defended against each of them. The trial took several days and many witnesses. The jury found that proper compensation for Mitch's injury was $544,000. After credit for the $300,000 we had already recovered, Mitch was entitled to an additional $244,000. Although the insurance policy limit was $100,000, because the insurance company had refused to settle for that amount, Washington law makes the insurance company liable for the entire amount (rather than subjecting its insured to a big judgment that could have been avoided). The insurance company appealed, and made several attempts to force us to compromise the judgment amount. We refused, advising them that the time to settle is before the trial. Ultimately, they abandoned the Appeal, and paid every penny of the judgment, plus interest and court costs. We set Mitch up with a Trust to invest his money. Mitch and his family remain friends of the firm, and we are pleased to report that Mitch is doing great. He's grown into a fine young man, and has been able to buy a home from a portion of the proceeds of the Trust. The case recovery has provided him resources and opportunities that have allowed him to at least partially compensate for this tragic occurrence.
