Facts

Plaintiff Jesse B. Klingler, 21, began a boot camp in the United States Marine Corps on Feb. 13, 2004. Prior to his enlistment, he had used an anti-depressant. On Sept. 18, 2004, while undergoing "reality training" at the Miramar Marine Base, Rocky Mohsen shot him in the right thigh with a blank from an AK-47 rifle.

Stu Segall Productions and Strategic Operations provide role players, pyrotechnics, props, and other assistance to the Marine Corps and other branches of the military and law enforcement agencies to assist them in their training. The role players will act like Afghans or Iraqis, talk the part and dress the part, and Rocky Mohsen was asked to interrogate the plaintiff. The plaintiff had been bound and gagged by the Marines after he had left his rifle to chase an "insurgent." During the role-playing, Mohsen discharged the AK-47 causing the wound. As a result of the injury to the thigh, the plaintiff was hospitalized for several weeks at the Naval Hospital in San Diego and then returned to his unit.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Mohsen was not properly trained and supervised. The plaintiff also contended that Stu Segall Productions and Strategic Operations were solely at fault for allowing Mohsen to have an AK-47 and for allowing him to shoot it next to the plaintiff's thigh. In addition to negligence, the plaintiff claimed battery and intentional infliction of emotional distress.

DEFENDANTS' CONTENTIONS:
The defendants contended that the Marine Corps controlled and directed all of the exercise. Rocky Mohsen was asked to come from a different location to participate in the impromptu interrogation, which had never been practiced before. The plaintiff was bound, gagged and blindfolded by Marines, and a Marine sergeant or sergeants were specifically told by a Marine captain to supervise the event to keep it from getting out of control. Further, once Rocky Mohsen started pointing the AK-47 at the plaintiff, the exercise should have been stopped immediately as role players can get carried away in training scenarios.

Strategic Operations, Stu Segall Productions and Rocky Mohsen admitted negligence, but disputed causation and damages.

Settlement Discussions

The plaintiff made C.C.P. Section 998 demands of $1 million to Strategic Operations; $700,000 to Stu Segall Productions and $300,000 to Rocky Mohsen. The defendants made a C.C.P. Section 998 offer of $250,000 four months before trial.

Specials in Evidence

$20,000; $85,144; Future loss of earning capacity. in excess of $600,000;

Damages

Plaintiff asked the jury to award general damages of $6.2 million.

Injuries

The plaintiff claimed that the wound caused the end of his career in the Marine Corps. He claimed that because of the extreme pain, he was no longer able to perform the physical tasks of Marines. Further, he claimed that since his discharge from the Marine Corps, he suffered from post-traumatic stress disorder, all requiring extensive psychological and psychiatric care. He was under multiple pain medications at the time of trial. He and his fiancé both claimed he was unable to have sex. The defense had a sub-rosa video of the plaintiff changing a tire during which he demonstrated no visible signs of impairment. The video was done in March 2005. Further, the defendant's psychiatrist testified that plaintiff's pre-existing depression was what he was now experiencing and not post-traumatic stress disorder. Further, the defendant's neurologists and orthopedists testified that there was no basis for the continued complaints of pain since he had only suffered a superficial wound and there was no continuing problem with nerve involvement.

Result

The jury awarded $15,000 in past economic loss; $29,000 in future economic loss; $47,000 in past non-economic loss (pain and suffering). The jury also found the United States Marine Corps 75 percent responsible for the plaintiff's damages. Defendants were responsible for $55,750.

Other Information

Post trial motions pending.

Deliberation

1 day

Poll

12-0/11-1

Length

10 days