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
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
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The plaintiff made a C.C.P. º998 settlement demand for $90,000 which was later withdrawn.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
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