Susan Ford, Anthony Ford v. Polaris Industries Inc., Dixon Polaris and Does 1 to 20
Published: Apr. 20, 2004 | Result Date: Feb. 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2618577 Verdict – $3,759,520
Judge
Court
Napa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael Burleson
(technical)
Edward W. Karnes
(technical)
Madhulika Varma
(medical)
Defendant
Paul Frantz
(technical)
Kevin C. Breen P.E.
(technical)
Facts
The plaintiff Susan Ford was riding as a passenger on a Polaris SLH personal watercraft when she fell off to the rear of the craft traveling at approximately 25 mph. She suffered a severe injury to her rectum caused either by striking the water at speed or by the jet stream that propelled the watercraft. The plaintiff was wearing a nylon bathing suit and a lifejacket and had no prior experience with personal watercraft. She had been hanging on to the operator (her sister-in-law) and, after a few minutes, she was told to hang on to the back grips instead because she was pulling on her. According to the defendant, instead of holding onto the side handles, the plaintiff leaned back and reached for a handle to her rear which made her vulnerable to a rearward ejection when a boat wake was encountered.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand of $899,000 for Sue Ford's injuries and $49,000 for Anthony Ford's loss of consortium. The defendants offered $200,000.
Specials in Evidence
$268,784 $21,060 $92,180 (present value)
Damages
$750,000 (past pain and suffering); $2,512,500 (future); $115,000 (loss of consortium)
Injuries
After her fall into the water, the plaintiff was found in a pool of blood. She had sustained a destructive injury to her internal and external anal sphincter and other internal injuries had caused massive bleeding. She was helicoptered to the UC Davis Medical Center and arrived in hemorrhagic shock. She was immediately taken into surgery and had a second surgery two days later on Sep. 11, 2001 when a colostomy was completed and other repairs were made. She was hospitalized for fifteen days and subsequently discovered that she also had a neurogenic bladder and had suffered damage to her sacral plexus which resulted in sensory changes and weakness in her right upper leg and pelvic area. Six months after her hospitalization she was evaluated for reconstructive surgery to repair her anal sphincter and to take down the colostomy. It was determined that she was not a candidate for reconstructive surgery, and it is likely that her colostomy is permanent. She is unable to completely empty her bladder and must catheterize each time she urinates. This condition appears to be permanent. She also has a long vertical disfiguring scar that extends from her sternum to her pubis. The plaintiff is forty-eight years old and has a thirty-three and a half year life expectancy.
Deliberation
2.5 days
Poll
10-2 (design defect), 9-3 (causation), 11-1 (lack of comparative fault)
Length
11 days
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