Confidential
Settlement – $75,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Frank S. Clowney III
(Law Office of Frank S. Clowney III)
Defendant
Frank C. Brucculeri
(Kaye, Rose & Partners LLP)
Experts
Plaintiff
Richard Greenfield M.D.
(medical)
Facts
This lawsuit resulted from an accident which occurred on the morning of January 28, 1992. The vessel Gold Rush, a press boat for the America's Cup, was tied up at the Grape Street Pier in San Diego. The pier itself lacks any ramps or floating docks to allow proper access to the vessel. Both crew and service personnel must board the vessel by climbing over the pier's railing and then make a long stride from the edge of the pier onto the vessel. The position of the vessel relative to the pier, changed every day depending on the tide. On the date of the accident, the tide was low, requiring the Plaintiff to make a long step downward. It is important to note that passengers did not board the vessel at the Grape Street Pier in San Diego. The vessel was moved to a floating dock adjacent to the Broadway Pier, so that the impact of the tide was eliminated. A boarding ramp was also provided for the passengers. Plaintiff was not a member of the crew, thus he had no control over where the vessel was docked. He was a 38-year-old management member of the catering company for the vessel. He was also required to stock the vessel while it was docked at the Grape Street Pier and was not permitted to wait till it was moved to the Broadway Pier. Plaintiff normally boarded the vessel through the doorway located along the starboard side at the lower deck level. The doorway led to the galley and bar area. The doors were open. On the day of the accident, a mat or remnant of carpet had been laid on the deck at the entry way to the doorway. Plaintiff had to step out and away from the pier and then down to the vessel's deck, which he was able to do. He placed his foot down on the carpet. The carpet then slid away, causing Plaintiff to fall forward and twist his right knee.
Settlement Discussions
Plaintiff contends they demanded $195,000 and Defendant offered $75,000 plus satisfaction of the Workers' comp lien.
Specials in Evidence
$15,000 $15,000 (per Plaintiff), $25,000 (per Defendant) $50,000 (per Defendant) $50,000 (per Defendant)
Injuries
Torn right medial meniscus requiring surgical repair; residual pain and discomfort disabled Plaintiff from returning to his occupation; his new occupation resulted in reduced earning capacity.
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