M.M., a minor, by and through his Guardian Ad Litem, MINHAJ MUNEER v. SEAWORLD PARKS & ENTERTAINMENT, INC., et al.

CourtDistrict Court, S.D. California
DecidedDecember 22, 2025
Docket3:24-cv-00529
StatusUnknown

This text of M.M., a minor, by and through his Guardian Ad Litem, MINHAJ MUNEER v. SEAWORLD PARKS & ENTERTAINMENT, INC., et al. (M.M., a minor, by and through his Guardian Ad Litem, MINHAJ MUNEER v. SEAWORLD PARKS & ENTERTAINMENT, INC., et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.M., a minor, by and through his Guardian Ad Litem, MINHAJ MUNEER v. SEAWORLD PARKS & ENTERTAINMENT, INC., et al., (S.D. Cal. 2025).

Opinion

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 M.M., a minor, by and through his Case No.: 24cv529-W (MSB) Guardian Ad Litem, MINHAJ MUNEER, 12 REPORT AND RECOMMENDATION FOR Plaintiff, 13 ORDER GRANTING JOINT MOTION FOR v. APPROVAL OF MINOR’S COMPROMISE 14 [ECF NO. 38] SEAWORLD PARKS & ENTERTAINMENT, 15 INC., et al., 16 Defendants. 17 18 19 Now pending before the Court is the parties’ Joint Motion for Approval of Minor’s 20 Compromise, filed on November 3, 2025. (See ECF No. 38 (“Joint Mot.”).) This Report 21 and Recommendation is submitted to the Honorable Thomas J. Whelan, United States 22 District Judge, pursuant to 28 U.S.C. § 636(b)(1) and Civil Local Rule 17.1(a) of the United 23 States District Court for the Southern District of California. Having reviewed the Joint 24 Motion, and for the reasons set forth below, the Court RECOMMENDS that the District 25 Judge GRANT the Joint Motion. 26 / / 27 / / 2 A. Factual Background 3 This is a personal injury action brought by Minhaj Muneer1 on behalf of his minor 4 child, M.M. (“Minor Plaintiff”), against Sea World LLC, erroneously sued as Seaworld 5 Parks & Entertainment, Inc. (“Defendant”). (See generally ECF No. 1-2 at 2–15.) 6 According to Minor Plaintiff’s Complaint, on or about December 26, 2021, Minor 7 Plaintiff and his family were invitees on the premises owned by Sea World LLC, located 8 at 500 Sea World Drive, San Diego, California, 92109 (“Sea World”). (See id. at 6.) 9 Minor Plaintiff alleges that, while he and his family were walking toward a show, “the 10 lighting conditions within the subject premises were inadequate” and “the area was 11 poorly lit and overcrowded.” (Id.) Suddenly, an unidentified patron fell directly onto 12 Minor Plaintiff, resulting in “severe injury and pain.” (Id.) 13 Minor Plaintiff received medical attention initially at Sea World and subsequently 14 at Rady Children’s Hospital. (Joint Mot. at 3.) At Sea World, Minor Plaintiff complained 15 of “left femur pain caused after a man tripped over him and accidentally ‘stepped on his 16 knee.’” (Id.) Minor Plaintiff’s femur was swollen, and his parents were advised to take 17 him to the hospital. (Id.) That same night, Minor Plaintiff was admitted to Rady 18 Children’s Hospital for a closed manipulation of a femur fracture. (Id.) Following a 19 successful procedure, Minor Plaintiff was placed in a single leg spica cast, and he was 20 discharged the next day. (Id.) During Minor Plaintiff’s recovery, he experienced 21 “restricted mobility and reliance on caregivers for basic daily activities.” (See ECF No. 30 22 at 7–8.) Minor Plaintiff submitted to regular follow-up evaluations and imaging studies 23 to ensure proper alignment and healing of his femur. (Id. at 8.) 24 On April 11, 2022, the cast was removed, and X-rays indicated that the fracture 25 healed in good alignment. (Joint Mot. at 3.) On July 28, 2022, supplemental X-rays 26

27 2 challenges, including stiffness, weakness, and limited mobility in the left leg,” Minor 3 Plaintiff began to participate in a rehabilitation program. (ECF No. 30 at 8.) According 4 to Neil Ghodadra, M.D., Minor Plaintiff’s future care is likely to include follow-up 5 orthopedic visits, X-rays, CT scans, and physical therapy to monitor the condition of the 6 affected femur. (Id. at 9.) However, Minor Plaintiff has no permanent injuries, and 7 Minor Plaintiff is “expected to do well going forward.” (Joint Mot. at 3.) 8 As a result of the incident, Minor Plaintiff incurred medical expenses totaling 9 $8,534.87 before any reductions. (See id. at 4.) Minor Plaintiff’s total medical expenses 10 were subsequently reduced to $5,000.00. (Id.) Minor Plaintiff’s counsel has waived all 11 attorney’s fees and costs. (Id.) 12 B. Procedural History 13 On December 21, 2023, Minor Plaintiff commenced this action by filing a 14 Complaint against Defendant in the Superior Court of California, County of San Diego. 15 (See generally ECF No. 1-2 at 2–15.) Minor Plaintiff asserted separate causes of action 16 for general negligence and premises liability under California law, alleging that 17 Defendant “knew, or should have known in the exercise of reasonable care, that the 18 lighting conditions and overcrowding” at Sea World constituted a dangerous condition. 19 (Id. at 6–7.) Minor Plaintiff further alleged that Defendant’s negligence was the actual 20 and proximate cause of Minor Plaintiff’s injuries. (See id. at 6.) Minor Plaintiff filed a 21 Statement of Damages seeking general damages in excess of $1 million and special 22 damages in excess of $1 million. (See id. at 14–15.) On March 20, 2024, Defendant 23 removed the case to this Court [ECF No. 1] and concurrently filed an Answer to Minor 24 Plaintiff’s Complaint [ECF No. 2]. On May 20, 2024, this Court held an Early Neutral 25 Evaluation and Case Management Conference [ECF No. 8] and issued a Scheduling Order 26 Regulating Discovery and Other Pre-Trial Proceedings [ECF No. 9]. On April 24, 2025, the 27 parties filed a Joint Notice of Conditional Settlement, informing the Court that the 2 Court ordered the parties to file supplemental briefing in support of the settlement. 3 (ECF No. 29.) On June 12, 2025, Minor Plaintiff’s counsel timely filed a Supplemental 4 Brief. (ECF No. 30 (“Suppl. Br.”).) On November 3, 2025, after the Court granted various 5 extensions to re-file their Joint Motion for Approval of Minor’s Compromise [see ECF 6 Nos. 34, 37], the parties filed the instant Joint Motion. 7 C. Settlement Terms 8 As set forth in the parties’ original Joint Motion for Approval of Minor’s 9 Compromise (“Original Joint Motion”), the total settlement amount was $15,000.00, 10 with Minor Plaintiff to receive $0.00 and Minor Plaintiff’s counsel to receive $15,000.00. 11 (See ECF No. 28 at 4.) The Original Joint Motion states that Plaintiff incurred litigation 12 costs totaling $22,635.17, and thus, the settlement funds payable to Minor Plaintiff 13 would be $0.00. (Id.) The parties argued this settlement was “fair, reasonable, and in 14 the best interest of [Minor] Plaintiff because his ability to prove negligence or premises 15 liability is remote since he has not provided any indisputable evidence to support his 16 claims against Defendant.” (Id.) The parties further argued that “settling the case now 17 protects [Minor] Plaintiff from the risk of becoming obligated to pay defense costs post- 18 trial in the event the jury does not return a verdict in his favor.” (Id. at 4–5.) 19 Based on the limited information provided in the Original Joint Motion, the Court 20 indicated it was unable to approve the Original Joint Motion and ordered the parties to 21 submit supplemental briefing. (See ECF No. 29 at 1–2.) According to both the 22 Supplemental Brief and the Joint Motion, Plaintiff’s counsel has waived all attorney’s 23 fees and costs. (See Suppl. Br. at 11; see also Joint Mot. at 4.) Thus, the settlement 24 funds payable to Minor Plaintiff are $15,000.00, to be made in the form of a single check 25 for the lump sum of $15,000.00, made payable to “Downtown LA Law Group, LLP, and 26 Petitioner.” (Joint Mot. at 6.) Minor Plaintiff’s counsel argues this settlement is fair and 27 reasonable “[g]iven the evidentiary challenges, the contested liability, and the risk of 2 creating an unreasonably dangerous condition that contributed to the incident.” (Id.) 3 Defendant, however, disputed liability and insisted that the incident was caused by the 4 unforeseeable actions of an unidentified patron and further alleged that Minhaj Muneer 5 was contributorily negligent. (Id.) In light of these challenges, Minor Plaintiff’s counsel 6 attests that the $15,000 settlement is “a fair and reasonable resolution that avoids the 7 uncertainty of trial.” (Id.) 8 II.

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Bluebook (online)
M.M., a minor, by and through his Guardian Ad Litem, MINHAJ MUNEER v. SEAWORLD PARKS & ENTERTAINMENT, INC., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/mm-a-minor-by-and-through-his-guardian-ad-litem-minhaj-muneer-v-casd-2025.