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Personal Injury (Non-Vehicular)
Boat Accident
Negligence

William K. Mueller v. Thomas P. Rhodes

Published: Mar. 8, 1997 | Result Date: Jan. 15, 1997 | Filing Date: Jan. 1, 1900 |

Case number: N69100 –  $0

Judge

Michael B. Harris

Court

San Diego Superior


Attorneys

Plaintiff

David L. McKenzie

John W. Tranberg


Defendant

Andrew N. Kohn


Experts

Plaintiff

Harry Munns
(technical)

Daniel B. Robertson
(medical)

Defendant

Peter D. Keisler
(technical)

William E. Bowman Jr.
(medical)

Facts

On Oct. 10, 1994, plaintiff William Mueller, a 44-year-old attorney, and defendant Thomas Rhodes were engaged in recreational boating on the defendant's boat. During an approach to a slip in Oceanside Harbor, the plaintiff claimed that the defendant ordered the plaintiff to jump from the bow of the boat to the dock. The plaintiff alleged that his jump, which included a five foot vertical drop and covered a four to seven foot horizontal distance, was "ordered" by the skipper, the defendant owner of the boat, and that such order constituted negligence on the part of the defendant. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $90,000 which was later withdrawn. The defendant made a C.C.P. º998 offer of compromise for $30,000.

Specials in Evidence

$11,196.25 $10,000 to $20,000

Injuries

The plaintiff sustained a fractured right calcaneus, requiring open reduction, internal fixation and possible fusion surgery, resulting in loss of range of motion, stiffness, pain and discomfort and post-traumatic arthritis.

Other Information

The verdict was reached approximately five months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Dec. 13, 1996 before Craig Higgs, Esq. It did not resolve the matter.

Deliberation

45 minutes

Poll

___________ (#s or bench??)

Length

5 days


#101312

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