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Personal Injury (Vehicular)
Golf Cart Accident
Negligence

Karl Hess v. Wikiu Golf Course

Published: Feb. 22, 1997 | Result Date: Jun. 28, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 207964 –  $175,000

Judge

Laurence K. Sawyer

Court

Sonoma Superior


Attorneys

Plaintiff

Eric M. Abramson
(Abramson Smith Waldsmith LLP)


Defendant

Douglas M. Gooding


Experts

Plaintiff

Stephen J. Palladino
(medical)

Defendant

Jay Glasser
(medical)

Facts

On July 3, 1993, plaintiff Karl Hess, a 69-year-old retired man, was at defendant Wikiup Golf Course when an employee of the defendant course ran over the plaintiff with a golf cart. The plaintiff claimed that the defendant's employee was negligent and caused his injuries. The defendant claimed that the plaintiff failed to mitigate his damages. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $125,000. The defendant made a C.C.P. º998 offer of compromise for $85,000.

Specials in Evidence

$15,000

Injuries

The plaintiff claimed an ulceration of the posterior heel, leading to calcaneal osteotomy surgery, causing plantar fascitis and aggravation of ankle arthritis.

Other Information

The verdict was reached approximately two years after the case was filed. An arbitration was held on May 3, 1995 resulting in an award of $75,000. The plaintiff requested a trial de novo. The three dissenting jurors wanted to award the plaintiff differing sums for damages.

Deliberation

4 hours

Poll

9-3

Length

4 days


#79241

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