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Personal Injury
Boat Accident
Negligence

Joel M. Roberts v. Darin Lee Council

Published: Jun. 29, 2004 | Result Date: Mar. 8, 2004 | Filing Date: Jan. 1, 1900 |

Case number: GIC802396 Verdict –  $6,687,190

Judge

William C. Pate

Court

San Diego Superior


Attorneys

Plaintiff

Kevin F. Quinn
(Thorsnes, Bartolotta & McGuire)


Defendant

Douglas F. Walters
(Law Office of Douglas F. Walters, APC)


Experts

Plaintiff

Allison Osinski
(technical)

James Stewart
(technical)

Doreen Casuto RN, MRA, CRRN, CCM
(medical)

Robert B. Hall Ph.D.
(technical)

Hoi S. U
(medical)

Angela Drake
(medical)

Roberta J. Spoon
(technical)

James Grisolia
(medical)

Defendant

Philip K. Stenquist Ph.D.
(medical)

Facts

On Aug. 10, 2002, the defendant Darin Lee Council was racing in his 2002 Eliminator Daytona speedboat along the coast of Bird Rock, La Jolla, when he struck the plaintiff Joel M. Roberts as he was breath hold diving in the ocean. The plaintiff, age 30 at the time of the accident, was employed as an actor, television stuntman and USN parachute rigger for SEAL Team and SEAL candidate.

Settlement Discussions

The defendant made a C.C.P. Section 998 of $10,000.

Specials in Evidence

$93,749 (including loss of earnings) $3,093,433 (including future loss of earnings)

Injuries

As a direct result of being run over by the defendant's speedboat, the plaintiff sustained an open skull fracture, an epidural hematoma, traumatic brain injury, neurocognitive deficits, hearing loss in his left ear, fractured scapula, fractured ribs and a collapsed lung and multiple lacerations.

Deliberation

14 hours

Poll

12-0 (liability and comparative fault)

Length

seven days


#81173

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