L.A. to Pay Record $3.8 Million to Boy Hurt in City Van Crash

In what is believed to be the largest settlement of its kind, the Los Angeles City Council on Friday approved a $3.8-million payment to settle a lawsuit brought on behalf of a boy who was severely injured when a city van driven by a part-time lifeguard crashed into a South Los Angeles home he was visiting in 1985.

“It’s a sad, tragic situation,” said Councilman Zev Yaroslavsky, who as chairman of the budget and revenue committee urged approval of the settlement. “The city believes that if this went to trial we could be risking a far greater amount of money.”

“The facts were bad and the injuries horrible,” added Assistant City Atty. Michael K. Fox. “And this is the 1990s when a million dollars isn’t what it used to be.” Fox said he knew of no other single settlement that was larger.

Tom Stolpman, an attorney representing 5-year-old Brian Casales, said he was pleased that the “city recognized its financial responsibility to this little boy” and his family. Under the agreement, Brian will receive $3.8 million in a trust and his sister, Elizabeth, 11, who suffered lesser injuries, will receive $100,000.

The children were inside their baby-sitter’s South Los Angeles home a few doors away from their own house near 70th and San Pedro streets on June 24, 1985, when the city van crashed into the front of the house, according to the city attorney’s report presented to the council. The front of the house and part of the roof caved in and Brian’s skull was crushed.

Brian, who was 8 months old at the time, suffered brain damage, according to attorneys for both sides. He was left virtually blind on the left side, and has severe atrophy in his left lower leg. His left hand is essentially unusable and he requires further surgery. The boy still wears diapers and crawls, Stolpman said.

Witnesses told police that Shawn Jordan, 19, was driving at more than 60 m.p.h. in a 25-m.p.h. zone when he lost control of the van. According to a police analysis of skid marks at the scene, he was going at least 55 m.p.h.