Monday, Aug. 25, 1980

Briefs

Beyond Suffering

Penny Ann Holla way, 8, has the mental capacity of a three-month-old. She suffered brain damage when her oxygen supply was cut off during birth at Scripps Memorial Hospital in San Diego County. Two months ago, a jury awarded the girl $1.5 million to cover expenses and compensate her for pain and suffering. But Superior Court Judge Raul Rosado reasoned that Penny "has no ability to experience humiliation or anxiety. Money has no meaning for her." Pointing to testimony that Penny might survive only ten more years, and estimating that for $1,600 a month she could live in a nursing home instead of her parents' mobile home, Rosado drastically reduced the award to $2,000 a month for life plus a $ 100,000 contingency fund. Each year the monthly payments will increase by $250. An appeal has been filed by Penny's lawyer, Sheldon Deutsch, who cites a report from a registered nurse stating that caring for Penny at home will cost $77,000 a year. As for Rosado's rationale, Deutsch says it is "like saying, 'If I hurt you badly enough, I won't have to pay as much because you won't know how badly you're hurt.' "

Rape Redress

Being raped was outrage enough. To make matters worse, the assailant ended up spending only five months in prison. Yet the victim, a 15-year-old from Kearney, Neb., found a way to impose the punishment she felt her attacker deserved: she sued him and won a $22,500 settlement. Such civil suits were virtually unheard of until recently, but last year about 15 were filed. They force a victim to relive her agony and often make no sense financially, because most rapists are too poor to pay any damages. Nevertheless, many women find the suits therapeutic in overcoming the feelings of powerlessness brought on by the attack. In addition, juries nowadays seem less prone to suspect that the women gave their assailants some sort of "come on." One successful litigant in 1978 was a topless dancer.

Screen Tests

"You don't have any idea what it's like to sit across the desk from a woman in tears, whose life has been destroyed, and ask her boiler-plate questions like her Social Security number." So says Don Hancock, 33, an Austin lawyer who handles divorces. His solution: three 30-min. video tapes in which Partner Eric Galton, 28, answers divorce questions posed by an actor portraying a client. The tapes not only cut down on emotional wear and tear but reduce damage to a client's pocketbook. Since Hancock needs to devote less time to the case, the average uncontested divorce costs $250, instead of $350. Critics fear a loss of the human touch, but with their clients' encouragement, the partners have begun planning sequels on real estate and probate.

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