Jon Carpenter v. CBS Inc., Katy Film Production, Inc., et al.
Published: Jun. 11, 1994 | Result Date: May 16, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC083504 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen M. Fields
(medical)
Facts
Plaintiff Jon Carpenter, a 27-year-old student, attempted suicide while imprisoned in Utah for a conviction of felony child molestation. As a result, he became a quadriplegic. Four years later, while living in Los Angeles, Plaintiff Carpenter saw an advertisement from Defendants about a television show, "Best Wishes." The show sought to grant wishes to deserving members of the general public. Defendants were very active in fighting child abuse. Plaintiff Carpenter submitted his wish to go sky diving; Plaintiff's wish was chosen. "Best Wishes" retained Perris Valley Skydiving Company to perform the sky dive. One day before the scheduled jump, the owner of Perris Valley contacted "Best Wishes," indicating that Plaintiff Carpenter was heavier than normal and that the sky dive would have to be performed as a professional stunt. The owner said that the skydive would not be performed any differently as a stunt; the effect was that Defendants would have to pay more and provide Perris Valley's stunt person with insurance under the rules of the Screen Actors' Guild. In response, "Best Wishes" fired Perris Valley and retained California City Skydive Company. On April 6, 1993, California City tandem sky dive master, Jay Schumacher, performed the tandem jump with Plaintiff attached to him. The winds died after Schumacher and Plaintiff jumped; they unsuccessfully "flared" the parachute and failed to hit the designated target where "shaggers" were in place to stabilize the landing. In addition, an apparatus designed to raise Carpenter's legs prior to landing failed. Plaintiff's legs hit the ground first resulting in severe leg injuries. Defendants did not tell Plaintiff or California City Skydive Company about originally retaining Perris Valley or the reasons for discharging that company. CBS Inc., Katy Film Production, Inc., Arnold Shapiro Productions, Inc., Arnold Shapiro, and Gilda Evans were named as Defendants.
Settlement Discussions
Defendants contend that they made no offers and Plaintiff demanded $1,000,000 raised to $5,000,000 after unsuccessful motion for summary judgment; raised to $10,000,000 after unsuccessful writ (punitives alleged).
Specials in Evidence
$35,000 $10,000
Injuries
Severe comminuted fractures of both femurs into the knee joints requiring plates in both legs.
Result
The jury decided the case on the "unclean hands" defense.
Other Information
This was a bifurcated case, trial on liability only.
Deliberation
2 hours
Poll
11-1
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390