Paraplegic teen to get $5.5 million

By Matt Pordum

Friday, May 27, 2005 | 11:08 a.m.

The owners of the RV park in Mesquite where a gruesome attack left a 3-year-old girl dead and her then 10-year-old half sister paralyzed have agreed to pay a $5.5 million settlement to the half sister.

RBG LLC, which owns the CasaBlanca Resort, will place the money in a "special needs trust" for now 13-year-old Brittney Bergeron, which "should take care of all of Brittney's medical needs concerning her being paraplegic for the rest of her life."

Beau and Monique Maestas are scheduled to stand trial on May 31 for the January 2003 killing of 3-year-old Kristyanna Cowan and the attack on Brittney in a trailer in the CasaBlanca's RV park.

Attorney Rich Myers, who represented Brittney's interests, said the seventh grader would receive monthly payouts to "pay for her needs" and would adjust in amount to address certain concerns that come with the aging process.

Myers cited as example money needed to supply the auto equipment necessary for Brittney to drive when she turns 16 and also for college tuition if she requires special education due to her physical ailments.

Myers said to maximize the settlement money, an annuity policy would be most likely be purchased so "Brittney will never have to worry about money again in relation to her medical needs."

The settlement comes as a result of lawsuit alleging RGB LLC had a "duty to operate and maintain the said premises in a reasonably safe manner for the benefit of employees, invitees, guests and others."

Because the RV park was not safe, Brittney "suffered intense physical and mental pain, suffering, shock, agony, terror, loss of function and disablement in her mind and body."

Myers said the settlement was a testament to how "honorable" the owners of the CasaBlanca are.

"The CasaBlanca, its owners, insurance company and attorneys have been thoroughly honorable," Myers said. "As a plaintiffs lawyer I don't see it very often from defendants."

CasaBlanca attorney David Barron said the settlement was simply the result of a promise he made to District Judge Valerie Adair more than a year ago.

"Eighteen months ago at the first hearing with Judge Adair we said our goal was to one day walk into court with a settlement for Brittany," Barron said. "Our concern was for her claim."

Adair still has to review and formally accept the settlement offer, which is expected to occur in the next two to three weeks.

In court on Thursday Adair dismissed Brittany's mother, Tamara Schmidt, as a plaintiff in the lawsuit, saying "no set of facts place her (Tamara Schmidt) in the zone of danger."

"Saying she (Schmidt) could have run into these people is not the basis for a claim," Adair said. "The bottom line is it didn't happen."

Schmidt's attorney, Steve Caruso, unsuccessfully argued that the mother was on her way to the trailer where the attack occurred, but "just missed those guys (the Maestas siblings) and was still at risk to them."

After the hearing Caruso said he and Schmidt were happy with the settlement Brittany received, and in response to Adair dismissing Schmidt, he said, "She doesn't care."

"Tamara doesn't care one bit," Caruso said.

Schmidt continues to be a plaintiff in the wrongful death lawsuit filed against RBG LLC. A trial date has yet to be scheduled in the matter.

Caruso said Schmidt is only focused on whether or not Family Court Judge Gerald Hardcastle will terminate her parental rights in a decision scheduled for June 1.

Brittney told Hardcastle in court on May 13 that she wanted to be adopted by her foster parents. The seventh grader said although she didn't want to live with her mother again, it "won't change the fact that I love her."

Authorities allege the children were attacked after the Maestas siblings discovered that Schmidt and her husband, John Schmidt, sold them bogus methamphetamine.

Police said Schmidt left her daughters alone in a trailer while she gambled.

The Schmidts are facing charges of child abuse and neglect in connection with the stabbing attack. They are scheduled to stand trial either on July 25 or on March 27, 2006.