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Personal Injury
Boat Accident
Negligence

Gary Albert Smith v. Donald Hawksley; Mark Wagner; David Velasquez; John Doe Velasquez

Published: Jul. 11, 1998 | Result Date: Feb. 18, 1998 | Filing Date: Jan. 1, 1900 |

Case number: C9500634 Verdict –  $0

Judge

Barbara Zuniga

Court

Contra Costa Superior


Attorneys

Plaintiff

Bruce Albion Bailey


Defendant

James L. Hazard


Experts

Plaintiff

Thomas E. Martin
(technical)

Defendant

Tim Pellaton
(technical)

Richard N. Stuart
(technical)

Facts

On June 28, 1994, plaintiff Gary Smith, a 34-year-old cabinet assembler, was operating a boat in the Indian Slough Delta. Defendant Donald Hawksley was driving a boat that struck the plaintiff's boat, nearly head on. The plaintiff brought this action against the defendant boat operator and the passengers on the boat based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $270,000 the remaining policy limits. The defendants made a settlement offer of $60,000.

Specials in Evidence

$92,205 $1.28 million $___________ approximately $50,000

Injuries

Plaintiff suffered through the knee amputation of his left leg.

Other Information

The verdict was reached approximately three years after the case was filed. A settlement conference was held on June 9, 1997, before Judge Richard Patsey, which did not resolve the matter.

Deliberation

one day

Poll

10-2

Length

10 days


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