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
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
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