Tim and Holly Petersen v. Manteca Sportsman Club, Inc., et al.
Published: Jul. 15, 1995 | Result Date: Mar. 24, 1995 | Filing Date: Jan. 1, 1900 |Case number: 241903 – $0
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John Barbieri
(technical)
Theodore F. Schwartz
(medical)
Defendant
Curt Cashen
(technical)
Facts
On Friday evening, March 1, 1991, Plaintiff Tim Petersen, a 34-year-old rodeo performer, suffered a self-inflicted gunshot wound to his upper right torso. Just prior to the incident, Petersen was participating in a game where people shoot at poker chips as targets and the winner collects a one dollar contribution from each participant after each round. The informal "poker shoot" was taking place on the indoor pistol shooting range of Defendant Manteca Sportsman Club, Inc., in Manteca, California. Because each participant shot sequentially, Petersen was able to share his newly purchased Rugar .22 handgun with Defendant Jim Bishop. Bishop loaded the gun after each round. Plaintiff Petersen won the first 2 rounds, hit the chip on the third round, and dropped his gun. The gun discharged as he tried to catch it by slapping it against his hip before it hit the floor. Petersen claimed that the excitement of the crowd applauding his most recent successful shot startled him and, as he turned to acknowledge the crowd, the gun slipped from his grip and fell toward the table. Plaintiff dismissed Defendant Bishop for a waiver of costs on the last day of trial just prior to closing arguments; Plaintiff proceeded against Manteca Sportsman Club, Inc.
Settlement Discussions
Defendant contends it made no offer and that Plaintiff demanded $200,000.
Specials in Evidence
$44,262 $88,141 (1 year, 5 months) $253,855 capacity $30,000
Damages
Plaintiff asked the jury to award special and general damages which totaled well in excess of $1,000,000.
Injuries
Gunshot wound to the upper right torso and right shoulder resulting in a transacted axillary artery and injury to the axillary vein and axial nerves requiring vascular surgery; mixed brachial plexus injury; reflex sympathetic nerve dystrophy syndrome of the right arm requiring pain medication. Plaintiff underwent treatment for prescription medication (Perocet) dependency. Residuals include permanent loss of grip; constant shoulder pain (due to the remaining bullet in his shoulder capsule); muscle and sensation loss in the right shoulder and pectoral muscle area. Plaintiff's spouse claimed loss of consortium.
Other Information
A prior arbitration by Clarence Knudson resulted in a Defense award; trial de novo by Plaintiff. Motion for new trial denied 5/31/95.
Deliberation
8 hours
Poll
10-2
Length
10 days
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