Facts

In 2006, plaintiff Christian Barton, a seasoned skydiver, conducted a 3,000-foot jump near Acampo during which he struck the tail of the plane from which he jumped, which was operated by defendant Bill Dause. Barton was knocked unconscious. His safety chute deployed and he landed safely.
Barton sued Dause and his company, defendant Parachute Center.

PLAINTIFF'S CONTENTIONS:
Barton alleged that Dause flew the plane in a manner inconsistent with standards. He contended that Dause should have slowed and leveled the plane before the jump. Barton also contended that Dause also should have given warning about the climb of the plane so that Barton could avoid the tail. Barton claimed that Dause's actions and lack of actions caused Barton's injury. Barton contended that he himself had jumped out of the plane properly. Finally, Barton contended that Parachute Center was vicariously liable for Dause's negligence.

DEFENDANT'S CONTENTIONS:
The defense contended that Barton was reckless and improperly jumped up from the exit, instead of out of it. The defense further contended that Barton was also aware of the risks associated with skydiving. The defense argued that the only way a tail strike could have occurred was if Barton had improperly jumped. The defense contended that the manner in which Dause piloted the aircraft did not increase the risks inherent in the sport of skydiving.

Damages

The injury, Barton claimed, prevented him from finding a job. Part time work was the only work he was suited for. Barton sough damages for medical bills, pain and suffering, and both past and future lost wages in the amount of $8 million.

Injuries

Barton claimed vertebra fractures, initially resulting in paraplegia. Surgery was required, allowing him to walk again. Barton still suffered paraparesis and was unable to continue participating his recreation activities. Barton also claimed walking difficulties and difficulty completing daily tasks.

Result

The jury returned a verdict for the defense.

Deliberation

two days

Poll

10-2

Length

six days