Deseret News (Salt Lake City): Casino offers $5.5 million to girl paralyzed in attack

LAS VEGAS (AP) -- A southern Nevada casino has offered $5.5 million to settle a lawsuit filed on behalf of a young girl who was paralyzed in a brutal knife attack at an RV park owned by the resort.

Brittney Bergeron, 13, was stabbed 20 times in the arms, legs, chest and back in the Jan. 22, 2003, attack outside the CasaBlanca hotel-casino in Mesquite, a small gambling town 75 miles northeast of Las Vegas. Her half-sister, 3-year-old Kristyanna Cowan, was killed at the same time.

Two Utah siblings have been charged in the attack. Beau Maestas, now 21, and Monique Maestas, 18, both originally from the Salt Lake City area, have pleaded not guilty to murder, attempted murder, conspiracy and burglary. Beau Maestas faces the death penalty if convicted. His sister, because of her age, faces life in prison without parole.

Lawyers for the CasaBlanca said Thursday that they wanted to settle the lawsuit for Brittney's sake.

"The settlement is something we have been trying to do for a long time," said lawyer David Barron. "You just do it because it's the right thing."

The lawsuit against the CasaBlanca argued the resort was negligent for not providing adequate security at the RV park, among other claims.

A settlement agreement, expected to be filed next week in Clark County District Court, does not acknowledge wrongdoing by the CasaBlanca.

The money would be placed in an annuity and grow to about $20 million over the course of Brittney's life to pay for her extensive medical needs, said her lawyer Richard Myers. Brittney is paralyzed from the waist down.

"The CasaBlanca, their owners and their lawyers, have shown much more compassion toward this little girl than I've ever seen in any case I've done before," Myers said. "They deserve a lot of credit for being so forthcoming, and I take my hat off to them. Having said that, Brittney would be a tough plaintiff to defend against."

CasaBlanca lawyers said they will continue to defend against wrongful death lawsuits filed by Kristyanna's parents, Tamara Bergeron Schmidt and David Cowan.

A judge on Thursday dismissed Schmidt's negligence lawsuit against the CasaBlanca regarding Brittney.

Authorities say the knife attack by the Maestases was revenge for being ripped off in a drug deal with Schmidt and her boyfriend, Robert Schmidt, who is now her husband.

The Schmidts deny they were involved in dealing drugs.

The couple is facing criminal charges of child abuse and neglect. Both have pleaded not guilty. Their trial is scheduled for July.

Brittney has been living in foster care for the past two years, and the state is seeking to terminate her mother's parental rights. Her father, who lives in California, has not contested the state's petition. Brittney's foster family has said they would like to adopt her.