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Van Dams Granted Six Figure Settlement

Settlement To Help Pay For Surviving Sons' Education

POSTED: 11:37 am PDT May 14, 2003
UPDATED: 1:49 pm PDT May 14, 2003

A judge approved Tuesday a settlement in a civil lawsuit filed by Brenda and Damon van Dam against David Westerfield, a former neighbor who kidnapped and killed their 7-year-old daughter, Danielle.

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The suit, filed Jan. 2, sought damages for negligence and severe emotional distress that the murder of the Sabre Springs second-grader caused her family.

Terms of the settlement were not disclosed, but it was thought to be in excess of $400,000, 10News reported.

"It's not about the money, frankly," said van Dam attorney Spencer Busby.

He said the settlement saves the van Dams the significant stress of going through civil litigation and allowing them to move on with their lives.

Busby said that Westerfield is aware of the settlement but so far has refused to talk about it.

Part of the mother's goals is to continue to work on child safety issues.

Damon van Dam will travel to San Quentin soon because he has the right to be present for any possible deposition as part of the civil case, Busby said.

In recent letters to family and friends, Westerfield maintained his innocence and complained about the conditions on death row.

Part of the settlement -- to be paid by Westerfield's insurance companies - - will go to the surviving van Dam children -- Derek, 11, and Dylan, 6, to help pay for their college education, Brenda van Dam said.

"Nothing can bring back my daughter (or) change what happened to the family. This will help Derek and Dylan in future," said Brenda van Dam, the victim's mother.

Busby said the van Dams still have the right to file a new suit against Westerfield if he tries to make money by writing a book or selling the rights to his life story.

"He can write that book, but we're not precluded from going after him," Busby said. "We can step in and file a new petition the minute he does it."

Busby said a $26,000 stock account belonging to Westerfield is gone, along with his Sabre Springs home, which was deeded over to defense attorney Steven Feldman.

Westerfield's 1997 motor home was also repossessed, Busby said.

A Rolex watch that Westerfield was wearing when he was arrested remains in police custody, Busby said.

Brenda van Dam said the settlement is hopefully one of the final steps in a saga that began the night of Feb. 1, 2002, when Danielle was taken from her bed.

"It is so nice to know this is finally coming to an end," the mother said.


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