Hank

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Hank - Wells Fargo, Yokayo exonerated in accident By...
Wells Fargo, Yokayo exonerated in accident By LOIS O'ROURKE Journal staff writer A Mendocino County jury last week awarded more than 5600,000 to a boy severely injured injured by a drunken driver two and a half years ago in a bank parking lot on South State Street. Scaturro The jury also ruled two codefendants, codefendants, James C. Lee, owner of the Yokayo Shopping Center, and the Wells Fargo Bank, were not liable for the accident. But the judgment against Henry Plymire, the intoxicated driver of the car, is a non-collectable judgment, judgment, according to Thomas R. Kenney, attorney for Nicholas Scaturro Scaturro and the Scaturro family. Kenney said because Plymire has no assets, the Scaturros settled with Plymire's insurance company for $50,000 before the trial began Oct. 18. Kenney said only one juror out of 12 felt the owners of the parking lot were at least partially responsible responsible for the accident. "Jurors tend to point the finger at the intoxicated driver whether there's a dangerous parking lot or not," Kenney said. Plymire injured Nicholas Scaturro, Scaturro, then 5 years old, on May 3, 1991 when he rammed Nicholas' parents' van twice with his Cadillac Cadillac Coupe de Ville in the Wells Fargo Bank parking lot, pinning the boy underneath the wheel of the van. Plymire fled the scene of the accident and was arrested by police after witnesses followed him to a North State Street restaurant nearly three miles from the scene of the accident. Ten men who had witnessed the accident joined forces and lifted the van off Nicholas and pulled 7™ £? m T d , emeath - The accident : and Nicholas' subsequent surgery caused an outpouring of generosity from the Ukiah community Nicholas nearly lost his foot in the accident. Plymire later pleaded guilty to felony drunken driving and served time in jail as part of a five-year probation term. Kenney said it was the Scatur- ros' position that the space where Nicholas' mother, Kristen Scaturro, Scaturro, parked that day should have been painted red or marked in some fashion so no one would park there. During the trial, he claimed there was inadequate backing space from that parking slot. Kenney said he was disappointed disappointed with the verdict. "Whenever you represent somebody somebody seriously injured and can't achieve a result that helps them financially, it's disappointing," Kenney said. Kenney added that Nicholas is doing well but since he is growing he will need two prosthetic devices every six months until he is 18, a substantial expense. He said Nicholas' Nicholas' family is receiving some See JUDGMENT, Back Page

Clipped from
  1. Ukiah Daily Journal,
  2. 10 Nov 1993, Wed,
  3. Page 1

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