Philip Arno, Mary Arno v. Helinet Corp., Purwin Co., Kris Kelley
Published: Sep. 30, 2003 | Result Date: Jun. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC052436 Verdict – $13,149,100
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Stanley K. Jacobs
(Jacobs & Jacobs LLP)
Defendant
Experts
Plaintiff
Tema Galaif
(medical)
Lester M. Zackler M.D.
(medical)
Leonard N. Matheson M.D.
(technical)
David B. Thordarson
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Carol R. Hyland M.A.
(technical)
George M. Brinton
(technical)
Facts
On March 26, 2000, at about 10:00 p.m., the plaintiff, Philip Arno, a 50-year-old cameraman and news reporter,
was in a KTTV helicopter owned by the defendant Purwin Co. and leased to Helinet Corp. both based in Van
Nuys and flown by Helinet's employee, the co-defendant pilot Kris Kelley. Philip Arno was covering the 2000
Academy Awards over the Los Angeles Shrine Auditorium when the helicopter lost hydraulics. The pilot
recovered control and elected to return to Van Nuys Airport. Somewhere between 5 to 10 feet above ground, as
she attempted to come in for a landing, the helicopter torqued or turned to the left, and after making a 180-
degree turn, crashed on the landing pad.
The plaintiff was trapped in the helicopter, covered with jet fuel and surrounded by fire. He was rescued and
taken to Northridge Hospital. Both Arno and Kelley were injured. The plaintiff was the most seriously injured
because no shoulder harness was provided for him.
The plaintiff sued the pilot Kelley as well as the defendants Purwin and Helinet, who by contract had supplied
the helicopter and the pilot to the plaintiff's employer.
The defendants admitted liability for all of the plaintiff's damages that had been caused
by the accident.
Settlement Discussions
The plaintiff demanded $9 million, subsequently lowered to $8 million. The plaintiff's spouse made a C.C.P. Section 998 demand of $1 million. The defendants made C.C.P. Section 998 offer to the plaintiff husband for $7 million and $1 million to the plaintiff's spouse. The $7 million offer was rejected, and the $1 million offer was accepted.
Specials in Evidence
$154,000 (paid by worker's compensation) $581,000 $3 million to $5 million (disputed) $101,000
Damages
The plaintiff claimed that he could not return to work as a cameraman because of orthopedic limitations and post-traumatic stress disorder. He testified that he was pre-eminent in his field and that only one other person also reported news and operated camera from a helicopter. He believed that the combination of his age and disability made it unlikely that he would be hired, even if retrained. His employers, KTTV testified that the plaintiff was the best and that no other job would be available for him. At the time of the accident, the plaintiff was earning $150,000 annually. The plaintiff's wife, Mary Arno, 48, is herself a journalist. She became the primary wage earner and her husband the caretaker of their infant twin sons. The defendants argued that the plaintiff could return to work as a video editor, news reporter, graphic designer or print journalist. They also alleged that the plaintiff had failed to mitigate his emotional damages by delaying seeing a psychiatrist and taking medication for two and a half years. The plaintiff asked the jury to award between $10 to $20 million.
Injuries
The plaintiff sustained a fractured tibia, pilon fracture and post-traumatic stress disorder. He eventually recovered from all injuries other than the pilon fracture to the left lower leg. Four surgeries were performed over the next three years to finally achieve a union of the tibia fracture. His ankle was fused. There is a 2+-inch shortening of the leg and traumatic arthritis in the left foot which will require fusion within three to ten years. His calf muscle is atrophied and he has back pain when sitting.
Result
The jury awarded the plaintiff husband $13,149,099 in damages which included $3,748,003 in past economic and general damages, and $9,401,096 in future economic and general damages, against all three defendants.
Other Information
The plaintiff made a motion for prejudgment interest in the amount of $3,505,226 pursuant to C.C.P. Section 998 plus costs estimated at $160,000, which was granted. Included in the latter amount is $107,905 which was claimed for expert witness fees based on C.C.P. Section 998. The defendants immediately paid $13,149,099, plus two days interest. The defendants will appeal the court's award of prejudgment interest and taxable costs.
Deliberation
two days
Poll
11-1 (on past damages), 9-3 (on future damages)
Length
30 days
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