Daniel Wheelan v. County of San Diego, Cessna Aircraft Co., Bryan DeBuhr, Jason Baker, Qualcomm Inc.
Published: Jan. 6, 2004 | Result Date: Sep. 17, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC782441 – $7,600
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
In February 2001, plaintiff Daniel Wheelan was driving his Volvo station wagon westbound on Palomar Airport Road in Carlsbad. The public roadway abuts the "engine run-up" area of Palomar-McClellan Airport, where aircraft are permitted to run their engines prior to flight and following engine maintenance. At the same time, Bryan DeBuhr and Jason Baker, Cessna mechanics, were doing maintenance on a Cessna Citation jet, which was owned and operated by Qualcomm Inc. The jet then blew loose gravel and rocks onto Palomar Airport Road, resulting in horizontal, tornado-like turbulence where Wheelan and other motorists were driving. Wheelan was unable to avoid driving his vehicle through the falling rocks and gravel and the car was totaled. Wheelan sued Cessna Aircraft Co., Qualcomm Inc., the County of San Diego, DeBuhr and Baker, alleging negligence, premises liability, negligence per se and ultra hazardous activity.
Settlement Discussions
The plaintiff made a demand of $125,000. The defendants made an offer of $25,000.
Specials in Evidence
$8,751 $21,293
Damages
$7,600 property damage; $1,500 incidental damages
Injuries
The plaintiff claimed that as a result of the incident, he suffered severe and debilitating mental distress that resulted in post-traumatic stress disorder for which he saw a psychiatrist and a therapist for two years. He also claimed that the PTSD rendered him unable to work full time for the ensuing year and a half in his trade. He asked the court to award him more than $100,000.
Other Information
Defendant County of San Diego settled with the plaintiff before trial.
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