General Discussion
In reply to the discussion: 5 year old's touch sends on-loan sculpture crashing to floor. Kansas City bills parents 132K [View all]MaryMagdaline
(6,869 posts)This is a classic subrogation case.
Hopefully parents have at least 100k in homeowners insurance and city insurance accepts policy limits to settle the whole claim.
Some of our jurors hate subrogation cases and others are just fine with the idea that the insurance company recoups its losses from the person who caused the damage (usually from their carrier)
Comments above are helpful to understanding the jury pool. 1. Some, anti-insurance 2. Some, anti-mothers. (Both parents were there; mother is one presumed to be at fault)
If I were settling a claim, I would take into account whether the art piece was cordoned off from the public or too accessible. If I were assessing the claim for the parents, I would pay only what the city actually paid for the art. Also, homeowners insurance would tell mother not to give interviews.