Thanh Van Nguyen v. Raging Waters
Published: Jan. 25, 1997 | Result Date: Dec. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: KC020526 – $0
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Timothy J. Swift
(Law Offices of Timothy J. Swift, APC)
Defendant
Michael L. Amaro
(Amaro Baldwin LLP)
Experts
Defendant
Jeff Ellis
(technical)
Glen H. Egstrom
(technical)
Facts
On Aug. 28, 1994, plaintiff Thanh Van Nguyen, a 23-year-old cellular telephone technician, fell out of his innertube in the Wave Cove attraction at defendant Raging Waters. While he was attempting to swim towards an innertube, in 5 to 6 feet of water, a Raging Waters lifeguard jumped into the water to perform what she believed to be a needed rescue of the plaintiff. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a final settlement demand of $40,000. The defendant made a C.C.P. º998 offer of compromise for $10,000 (with indications up to $15,000 during trial).
Specials in Evidence
$9,343.18 $21,000
Injuries
The plaintiff alleged he dislocated both shoulders, requiring surgery to the left shoulder and closed reduction to the right.
Other Information
The verdict was reached approximately two years and four months after the case was filed. A settlement conference was held on Oct. 22, 1996 before Judge William J. McVittie of Los Angeles Superior Court. It did not resolve the matter.
Deliberation
3 1/2 hours
Poll
9-3
Length
4 days
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