Ira Kushlan v. Navajo Trails and Don Sampson
Published: May 3, 1997 | Result Date: Mar. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: 388961 – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Marc A. Legget
(Law Offices of Marc A. Legget)
Experts
Plaintiff
Seymour Gold
(technical)
James Telford
(technical)
Defendant
Martin Uman
(technical)
Facts
On Aug. 9, 1993, decedent Ira Kushlan, a 12-year-old student, was on a backpacking trip with seven other campers, led by four counselors employed by defendant Navajo Trails. It was the first day of the a five-day hike into the Fish Mountain Wilderness in southeastern Utah. They had hiked for approximately four to five miles and on the way had noticed some light rain and drizzle. While at the campsite for approximately two-and-a-half hours, one counselor and several campers had heard thunder and seen lightning off in the distance and attempted to count the time between the lightning flash and the thunder to determine its distance. They determined the lightning was a substantial distance away, and posed no threat. The trip into the camp, and the area of the campsite itself, was a thick, tall, mature forest. The campsite was a small open area in the heavily-wooded forest surrounded by trees. At approximately 6:20 p.m., a hailstorm arrived over the camp raining a thick amount of hail on the campers and their tents and tarps. All of the campers and the counselors went to protect their gear from wetness, and the decedent and a counselor remained under one tarp that was connected to a large tree. No prior lightning had occurred at or about the camp area. The first strike in the area hit the tree that the decedent was sitting near, killing him instantly and electrocuting, but not killing, the counselor. CPR was used on both victims. The counselor survived, but the decedent camper did not. The plaintiffs, the decedent's parents, brought this action against Navajo Trails and owner Donald Sampson based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $695,000. The defendants made a settlement offer of $100,000.
Damages
The plaintiffs claimed special damages of $15,000 for burial and miscellaneous expenses. The plaintiffs asked the jury for $3.5 million. The defendant asked for a defense verdict.
Injuries
Death of a 12-year-old son four months prior to his planned bar Mitzvah.
Other Information
EXPERT TESTIMONY: Defense expert Dr. Martin Uman, seen on several PBS and weather channel specials concerning lightning, testified about the randomness and unpredictability of a lightning strike. JUDGE COMMENTS: Defense attorney Marc A. Legget commented that Judge Lawrence T. Stevens is a very bright judge who has a good theoretical grasp of the law, and applies it in a practical and thoughtful manner.
Deliberation
3 hours
Poll
10-2
Length
8 days
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