Facts

Corneliu Firtat, 49, was paragliding at the Andy Jackson Airpark in San Bernardino. While Firtat was soaring toward the landing zone in calm and smooth air, Peter Pivka, another paraglider, collided into the back of Firtat's paraglider wing. As a result, Firtat's wing collapsed, causing him to fall approximately 100 feet and crash into a mountainside. Firtat sued Pivka for injuries he sustained from the collision.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was grossly negligent and reckless. Plaintiff further contended that defendant was gliding directly behind plaintiff prior to the collision and that defendant was negligent for his failure to avoid plaintiff. Plaintiff asserted that plaintiff was clearly visible and that defendant deliberately piloted his paraglider too close to plaintiff.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions. Specifically, defendant denied liability for the incident and denied that defendant was flying directly behind plaintiff. Defendant asserted that he didn't see the plaintiff, and that after turning away from the defendant, Plaintiff admitted that he didn't see the defendant. Defendant asserted that defendant had to be flying above plaintiff because there was allegedly a sun angle that cast defendant's shadow onto the top of plaintiff's glider prior to the collision. Defendant also asserted that plaintiff assumed the risk of being injured while performing the dangerous activity of paragliding and that plaintiff signed a waiver that released defendant.

Specials in Evidence

Plaintiff continues to work full-time. However, he experiences pain and needs to take breaks during any significant activities. Plaintiff alleged that he will eventually need an adjacent level fusion during his lifetime and that he will miss a few years of work due to his injury.

Damages

Prior to trial, the parties stipulated that plaintiff's past medical costs totaled $219,241. Plaintiff sought recovery for his past and future medical costs, past and future loss of earnings, and past and future pain and suffering.

Injuries

Plaintiff was taken to Loma Linda University Medical Center, where he was diagnosed with a burst fracture of the lumbar spine at L1. Plaintiff underwent an emergency, five-level spinal fusion at T11-12, T12-L1, L1-2 and L2-3.

Result

The jury awarded plaintiff $7,443,370. The jury found that defendant was grossly negligent and so reckless that his conduct was outside the range of ordinary activities involving paragliding. The jury also found that there was zero comparative fault.