ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, January 15, 1997 TAG: 9701150111
SECTION: NATIONAL/INTERNATIONAL PAGE: A-5 EDITION: METRO
DATELINE: RALEIGH, N.C.
SOURCE: Associated Press
A girl who was disemboweled when her bottom became pinned to the drain of a kiddie pool will receive a total of $30.9 million under a settlement announced Tuesday.
Most of Valerie Lakey's small and large intestines were sucked out in the 1993 accident, and the girl, now 9, must spend at least 11 hours a day being fed intravenously.
On Monday, a state jury awarded the family $25 million in compensatory damages, the biggest personal-injury verdict in North Carolina history. The jury was to begin deciding whether to award punitive damages when the maker of the drain cover, Sta-Rite Industries of Delavan, Wis., agreed to a settlement adding $5.9 million more.
``It was in the best interest of Valerie to get the medical expenses taken care of immediately,'' said family attorney John Edwards.
Sta-Rite will pay $25 million, while other parties, including Wake County and Medfield Area Recreation Club, agreed to pay $5.9 million.
Valerie, then 5, was playing in the recreation club's wading pool in Cary when she became stuck against the drain cover. Her father, David, and three other adults could not dislodge her, and turning off the pump failed to ease the pressure.
The Lakeys argued that Sta-Rite failed to put sufficient warnings on its drain covers. Sta-Rite contended the cover was installed incorrectly.
The president of Sta-Rite said he felt it best to settle rather than go through a long appeal.
``This was a terribly tragic accident, and we feel great sympathy for Valerie Lakey and her family,'' James Donnelly said. ``However, we also believe Sta-Rite was not responsible for what happened. Proper use of our product would have prevented the accident.''
Edwards said similar accidents killed a California child in 1974 and another North Carolina child in 1981.
``This hazard exists in public swimming pools everywhere in the United States,'' he said.
LENGTH: Short : 47 linesby CNB