Lorraine C. Ramey v. Carnival of Fun, Inc.; Humboldt County Fair Association; Forsythe & Dowis Rides, dba WMI Industries, Ltd.
Published: Apr. 11, 1998 | Result Date: Dec. 19, 1997 | Filing Date: Jan. 1, 1900 |Case number: 96DR0076 Verdict – $0
Judge
Court
Humboldt Superior
Attorneys
Plaintiff
Defendant
Peter M. Hart
(Law Office of Peter M. Hart)
Experts
Plaintiff
Mark M. Lau
(medical)
John L. Bobis
(technical)
Delwin Edge
(technical)
Defendant
Cornelius J. Passani
(medical)
Victor Wisdom
(technical)
Facts
On Aug. 12, 1995, plaintiff Lorraine Ramey, a 36-year-old homemaker, was injured while attending defendant Humboldt County Fair with her family. While holding her 2-year-old daughter in her arms, the plaintiff stepped onto a carousel, which was stopped at the time, and walked to the inner edge of the ride platform. As she approached a horse, onto which she was going to place her daughter, the plaintiff fell from the ride platform into a 3-foot space between the inner edge of the platform and the center scenery tower of the carousel. The distance from the platform to the ground was between 8 inches and 2 feet. The plaintiff presented to the first aid station at the fair, complaining of a knee injury. Approximately seven weeks later, the plaintiff had an accident at her mother's home, after which she experienced excruciating pain. The plaintiff went to the local emergency room where X-rays were taken. The radiologist failed to observe a hairline fracture present on the film. The plaintiff was encouraged to consult with an orthopedist. Approximately 10 days later, the plaintiff consulted a doctor who confirmed that she had a displaced fracture of the femoral head. The plaintiff underwent internal fixation with the insertion of pins, which remain in her leg. The plaintiff brought this action against the defendants based on product liability, breach of warranty and failure to warn, and negligence theories of recovery. The plaintiff dismissed her case against Humboldt County Fair after the close of her case. The court granted a motion for nonsuit on the breach of warranty cause of action.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $277,000, reduced to $75,000. The defendant made a C.C.P. º998 offer of compromise for $25,000 (jointly).
Specials in Evidence
$12,000 $3,000 - $4,000 (pin removal)
Injuries
The plaintiff suffered a non-displaced fracture of the femur that went untreated for seven weeks, requiring internal fixation. The plaintiff alleged that if she developed avascular necrosis, she would require several hip surgeries over the course of her lifetime. She had a 6-inch thigh scar. (The defendants claimed that the plaintiff experienced numerous events which may have caused the fracture, that she had almost no risk of developing avascular necrosis, and that if the plaintiff had the pins removed from her leg, she would be free to engage in any activity she chose six weeks after their removal.)
Other Information
The plaintiff filed an appeal.
Deliberation
six hours
Poll
11-1 (negligence), 12-0 (product liability)
Length
10 days
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