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Personal Injury (Non-Vehicular)
Tropical Vacation Hurricane

Chris Brasseur, Elizabeth Oare v. Empire Tours, Mexicana Airlines

Published: Jan. 15, 1994 | Result Date: Dec. 10, 1993 | Filing Date: Jan. 1, 1900 |

Case number: C893826 –  $0

Judge

Charles A. Legge

Court

USDC Northern


Attorneys

Plaintiff

Rocky V. Ortega


Defendant

Robert King

Anthony O. Ricucci


Experts

Plaintiff

Bruce Abbott
(technical)

Val Tupy
(technical)

Russell Ellsberry
(technical)

Defendant

Ricardo Olea Rodriguez
(technical)

Alexander Anolik
(technical)

Facts

Defendant Empire Tours and Mexicana Airlines planned Plaintiff's vacation to Cancun, Mexico. The vacation was in September of 1988, during Hurricane Gilbert, with winds of 150 mph and hurricane conditions in the worst storm of the century. Plaintiffs Elizabeth Oare and Christine Brasseur were approximately 45 and 53 years of age when they booked the trip through a local agent in Mill Valley. They spent one week in Puerto Vallarta before departing on a flight to Guadalajara to change planes and on to Cancun on September 10, 1988.

Settlement Discussions

Defendants contend Mexicana offered $5,000 to each Plaintiff, Empire Tours made an indication of $5,000 to each Plaintiff, and Plaintiffs demanded $325,000 (one week before trial).

Injuries

Anziety, emotional distress, fear for their lives, and minor property damages.

Other Information

A prior arbitration resulted in a Defense ruling; trial de novo by Plaintiffs.

Deliberation

1 hour

Poll

6-0

Length

2 weeks


#88251

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