Cynthia Costa, Jerald Costa, Amanda Costa, et al. v. Knox & Associates Lodi, Christian Knox & Associates Inc., et al.
Published: Oct. 19, 2004 | Result Date: Jan. 29, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV13161 Bench Decision – $0
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Clayeo C. Arnold
(Clayeo C. Arnold APLC)
Defendant
Christopher J. Beeman
(Clapp Moroney Vucinich Beeman Scheley)
Facts
Cynthia Costa, 36, was a clerical worker with the Department of Fish & Game. In July 2001, Costa boarded a 1986 Ski Centurion Trutrac ski boat that was being driven on Lake Tulloch in Tuolumne County. Costa's husband, Jerald, borrowed the boat from his employer, Knox & Associates, and was driving the boat. The Costas' daughter, Amanda, was riding in a tube behind the boat. As they rode along the lake, Cynthia's right foot became entangled in a tow rope, which pulled her foot into the boat's motor housing. The engine's prop shaft caused severe injuries to her heel and toes.
Settlement Discussions
The Costas demanded $1.4 million. Knox offered $50,000. Prior to trial, the Costas settled on the basis of a sliding scale with Fineline for $150,000. Fineline also promised to pay another $600,000 should the jury return a defense verdict in favor of Knox.
Specials in Evidence
$85,000
Damages
Amanda sought damages as a witness to the accident under Dillon v. Legg. Jerald sought damages for loss of consortium.
Injuries
Cynthia was air-lifted from the lake to a local hospital. She received extensive medical treatment over several weeks, including five surgeries to repair her foot. One of her toes was amputated due to the damage to her foot, and she had permanent deformities.
Result
Nonsuit was entered in favor of Knox defendants after three weeks of evidence.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390