$1,300,000 STRUCTURED SETTLEMENT - FESTIVAL ACCIDENT - INFANT STABBED IN EYE BY BLADE DURING INTERPRETIVE DANCING - BLINDNESS IN ONE EYE

SETTLEMENT: Amost Yazzie IV v. Howard Glinsky, Suffern Chamber of Commerce, County of Rockland, and Jerry Monroe 95 Civ 8982, Date of Settlement 1/10/98, Southern District

Pltf. Atty: Robert A. Hyman of Law Office of Hyman & Platt, P.C., Tarrytown and Jason J. Platt, Tarrytown

This action settled for a total of $1,300,000 in a structured settlement with a cost of $420,000. Pltf., age 18 months at the time, claimed that on 10/23/93 he was participating in the Native American Indian Arts Festival at the Rockland Community College, when he was accidentally stabbed in the eye by an adult performer's hatchet blade. Pltf. and his family were traveling performers. He claimed that he and the public were invited to the dance floor at the time of the incident to participate in interpretive dancing. Pltf. claimed that Deft. Monroe, a Native American performer, was dancing while simultaneously twirling two hatchets.

Pltf. claimed that Defts. negligently allowed a wild dancer onto a crowded dance floor using unsheathed blades. He contended that Deft. Monroe should have been dancing by himself or with a few adults, but not with a crowd including infants. Defts. Suffern Chamber of Commerce and Glinsky argued that they did not supervise the actual event, but that Native American subcontractor was responsible for supervision. Deft. also argued that the accident was caused by Deft. Monroe and that Pltf,'s parents should have been watching the infant. Pltf. contended that his parents were immune under New York law, and that the Native American promoters and judges were joint venturers with Glinsky and Suffern Chamber of Commerce.

Injuries: blindness in one eye. Pltf. underwent two surgeries and will need future treatment for glaucoma. Specials: $40,000 for medical expenses.

Pltf. Experts: Pltf. would have called Dr. Vincent Reppucci, ophthalmologist, Manhattan; Dr. Stephen Mathias, ophthalmologist, Danbury, Connecticut.

AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER - (XVI/10-50)