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The Cedar Rapids Gazette , Fri., Dec. 27, 1991 $1.3 MILLION SETTLEMENT IN FREY CYCLE ACCIDENT
A $1.3 million out-of-court settlement with American Honda Motor Co. has been reached by Charlene and Jerry Frey of Cedar Rapids on behalf of their son Garrett, who was paralyzed from the neck down following a freak motorcycle accident in 1987. "It just buys a little time. That's what it does. It's not going to last forever. We hope it (settlement) will last for about five or six years." Jerry Frey said Thursday. Frey said Garrett is home, but requires 24-hour primary care, which costs more than $75,000 a year. The settlement will finance that care. Insurance has paid most bills so far, but coverage expires in 1993, he noted. Garrett, now 9, suffered paralyzing injuries while a passenger on his father's motorcycle on April 24, 1987. As they rode, a scarf-like blanket Jerry had wrapped the boy in for warmth, somehow became entangled in the rear chain and sprocket of the 1981 Honda motorcycle. The accident broke Garrett's neck and severed his spine causing permanent paralysis. Garrett spent 11 months in the hospital. Charlene Frey sued American Honda in 1989 in Linn County District Court, charging defective design by failing to provide adequate guards over the cycle's rear assembly. The suit was transferred to U.S. District Court before being dismissed with the settlement. Jerry Frey said Cedar Rapids attorney Tom Riley took the case on a contingency fee basis, but declined to disclose the amount the attorney will receive. Riley said the Freys' portion of the settlement will go into a bank conservatorship. "It's a sizable settlement, but it is nowhere near the damages the little boy suffered. We projected damages of $12 million to $15 million just in future lost income and future health care." Riley said. Riley said Honda contended modifications to the motorcycle by its previous owner made the sprocket less guarded. "No comment. Private matter. Settled." Was all Honda's attorney, Lawrence Blades of Cedar Rapids said when contacted by the Gazette. Riley claimed some people unfairly blamed Jerry Frey for transporting Garrett on the motorcycle. "The only reason Mr. Frey used the motorcycle was because the family car broke down that morning," Riley said. Jerry confirmed Riley's assessment noting transporting Garrett on the motorcycle was not a regular occurrence. Garrett attends Coolidge Elementary School and has a nurse with him., Frey said. "He's doing well. He's in school with the rest of the kids, learning and meeting new friends. He's well-received by most of the kids." Garrett loves sports, especially the Iowa Hawkeyes, and attended the Michigan and Illinois football games this year. Frey said. Regarding Garrett's future, "We keep pretty involved with his school work. We're emphasizing he use that as a tool. His physical part is lost, but his mental part is pretty good, He's a pretty intelligent little boy. He really puts forth the effort. He's done a little work on the computer he has." Frey said. How do Frey and his wife cope? "It becomes part of your life, and you just do it. It doesn't seem that abnormal to us. We adjusted quite quickly. We were involved right away. We just jumped in here." Tom Riley Law Firm, P.L.C.
Phone: (319) 363-4040
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