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Interesting Settlement Two-year-old receives $1.8M

In Davis-Maynard v. Newton, a two-year-old child slipped through a vertical fence board that had fallen at a home a family rented and was found floating in the neighbor’s pool.  The child nearly drowned and suffered cardio-respiratory arrest and hypoxia, which resulted in severe developmental delays.  His family sued the owner of the residence and the owner of the neighboring home alleging that both failed to properly maintain the fence and that the neighbor failed to secure the swimming pool.  The defendants claimed that the fence was damaged in a wind storm and not because of negligence on either of their part.  The case was filed in Fresno County Superior Court.  It was recently settled for $1,800,000.

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