UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
WILLIAM R. SIEBEN, as guardian ad
litem for STEPHANIE SMITH, an
incapacitated person,
Plaintiff,
v.
CARGILL MEAT SOLUTIONS CORP., a
foreign corporation,
Defendant.
Case No. 09-CV-3447-DWF-RLE
CARGILL MEAT SOLUTIONS
CORPORATION’S STATEMENT OF
THE CASE
Pursuant to the Court’s Notice of Pretrial Conference and Orders, dated
February 10, 2010 and February 16, 2010, and Federal Rules of Civil
Procedure 16 and 26(f), Defendant Cargill Meat Solutions Corporation (“CMSC”)
submits the following Statement of the Case.
I.
STATEMENT OF RELEVANT FACTS AND DEFENSES
CMSC has accepted that it is strictly liable and thus responsible for
Ms. Smith’s injuries. Accordingly, CMSC has made substantial advance
payments to assist in Ms. Smith’s rehabilitation. CMSC continues to hope that a
settlement can be reached. If the matter needs to be tried, the parties have agreed
to try only the extent of Ms. Smith’s compensatory damages, with CMSC
reserving for another proceeding its rights against its suppliers who provided
improper materials.
Case 0:09-cv-03447-DWF-RLE Document 19 Filed 03/22/10 Page 1 of 3
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II.
DAMAGES AND SETTLEMENT DISCUSSIONS
CMSC has paid the Smith family’s expenses since January 2008
(three months after the illness onset). CMSC paid for the family’s hotel and
mileage costs while Ms. Smith was hospitalized, contributed monies toward home
remodeling, purchased a handicap accessible van, and has paid over $390,000 for
expenses including ongoing intense rehabilitation at two different out-of-state
facilities. CMSC continues to pay for Ms. Smith’s rehabilitation.
The parties made substantial progress over the course of three days of
mediation on December 1 and 2, 2009, and February 3, 2010. Many other
discussions aimed at closing the gap between the parties have also occurred.
CMSC will continue to participate in settlement discussions with Plaintiff, and
would welcome the assistance of the Court.
Case 0:09-cv-03447-DWF-RLE Document 19 Filed 03/22/10 P