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Maritime Law
Watersport Accident
Boat

Rodney Gray v. Joshua Max Patridge

Published: Dec. 24, 2005 | Result Date: Sep. 29, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SCVSS107067 Verdict –  $0

Judge

Mary E. Fuller

Court

San Bernardino Superior


Attorneys

Plaintiff

Jason R. Walsh


Defendant

Jay S. McClaugherty
(McClaugherty & Associates)


Experts

Defendant

Paul J. Larson
(technical)

Facts

In the evening of Sept. 1, 2002, plaintiff Rodney Gray, 32, was a passenger in a 21-foot, 700 horsepower
motorboat. James Martin owned the boat and was driving upbound on the California side of the Colorado
River. The boat collided with an 18-foot, 600 horsepower motorboat heading upbound on the Arizona side,
driven by defendant Joshua Patridge.

Injuries

The plaintiff was taken to an emergency room for treatment of a laceration on the upper right side of his head. He received nine stitches, leaving a scar. He was also bruised and suffered ulnar nerve damage on his right arm, resulting in permanent weakness. The plaintiff claimed past medical expenses of over $6,500 and lost wages of $9,600 for two months of missed work. He additionally sought an unspecified amount for past and future pain and suffering. The defendant did not dispute the injuries or damages.

Result

The matter was arbitrated in which plaintiff Gray was awarded $15,000 in lost earnings, $20,000 in medical specials, $100,000 for past pain and suffering, and $50,000 in future pain and suffering. The defendant rejected the award as insufficient and the matter proceeded to trial. The jury returned a defense verdict.

Deliberation

35 minutes

Poll

12-0

Length

four days


#89203

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