$325,000 Settlement for Negligent Supervision
- Date: Spring 2016
- Attorney: John E. Molinari
- Settlement: $325,000
- Practice Areas: Negligent Supervision, Premises Liability
John Molinari represented an eight-month-old infant who sustained severe burns on his chest and arms when hot water from a bottle warmer fell on him. The plaintiff was in the care of employees of a daycare center located at a local church. He was rolling on the open floor area in a wheeled wagon. In their haste to clean the floors before leaving, the employees left the infant unguarded access to the plug of the bottle warmer. He pulled on the plug, causing the water to spill on him. He was rushed to the hospital, where he received emergency treatment for second and third degree burns. His severe burns left him with permanent scarring on his arm.
The plaintiff successfully defeated defendant’s motion to dismiss his case because of New Jersey’s Charitable Immunity Statute, with Attorney Molinari arguing gross negligence. Following an unsuccessful mediation, the case settled at a Judicial Conference for $325,000. The infant’s share of the settlement was placed in an annuity that almost doubled its present value.