Beverly Schroeder, et al. v. United States, et al.
Published: May 17, 1997 | Result Date: Dec. 13, 1996 | Filing Date: Jan. 1, 1900 |Case number: C951736SI – $0
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald Gilliam
(technical)
Ronald Rawlings
(technical)
Defendant
Chuck Wells
(technical)
Facts
On Feb. 10, 1993, decedent Paul Schroeder, a 62-year-old retiree, plaintiff Craig Schroeder, a 29-year-old consumer electronics salesman, and plaintiff Kevin Oliver, a 26-year-old mechanic and maintenance man, went snowmobile riding on a snowmobile trail system in El Dorado National Forest. The plaintiffs claimed that they entered the trailhead, which led them up the old access road to the ski resort, and that the intended "trail" made a sharp right turn off the old access road. The defendants claimed that rather than following the snowmobile trail around the ski resort, the plaintiffs and decedent went through a clearing in the trees into the resort area. The decedent and plaintiff Oliver rode their snowmobile over an embankment into the ski resort parking lot 10 to 12 feet below, where they collided with a parked vehicle. The third rider, the decedentÆs adult son plaintiff Craig Schroeder, was able to stop his snowmobile at the edge of the embankment. The parking lot was located on private land owned by the defendant ski resort, not on U.S. Forest Service land. The plaintiffs, the surviving riders and the decedentÆs widow, brought this action against the United States, the ski resort and related defendants based on federal tort claims and premises liability theories of recovery. The plaintiffs settled with the ski resort for $400,000 before trial.
Settlement Discussions
The plaintiff made a settlement demand for $825,000, later reduced to $400,000. The defendant made a settlement offer of $250,000, later reduced to $25,000.
Damages
Schroeder pronounced dead at the scene of the accident.
Injuries
Death of a 62-year-old husband/father. Plaintiff Oliver alleged he sustained shoulder injuries, broken ribs and internal bleeding, requiring physical therapy and pain medication and resulting in residual stiffness and pain in his shoulder. Plaintiff Craig Schroeder alleged he suffered emotional distress from seeing his father die.
Other Information
Other information: The verdict was reached approximately one year and seven months after the case was filed. The court ruled that the U.S. Forest ServiceÆs choice of a sign plan was a "discretionary function" not subject to challenge in tort, and that because the "Keep Right" sign had been placed consistent with the sign plan, the United States could not be held liable for the accident. A settlement conference was held on Dec. 6, 1996 before U.S. Magistrate Judge Bernard Zimmerman. It did not resolve the matter.
Deliberation
2 hours
Length
3 days
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