David Chamberlin v. Portofino Cruises
Published: Jul. 18, 1998 | Result Date: Apr. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 780016 Bench Decision – $0
Facts
On Dec. 28, 1996, plaintiff David Chamberlin, a 50-year-old city manager, took a harbor cruise operated by defendant Portofino Cruises. The plaintiff asked to be dropped off at defendant restaurant which owned its own private dock. After the plaintiff exited the boat, he turned around on the dock and fell into the water. The plaintiff brought this action against the restaurant based on negligence and premises liability; and against defendant Portofino Cruises based on common carrier liability. The defendants moved for summary judgment.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $15,000 to each defendant. The defendants made no offers.
Specials in Evidence
$4,673.05 $6,500
Injuries
The plaintiff claimed to suffer a broken humerus in the shoulder, severe bruising and emotional distress.
Other Information
The decision was reached approximately 10 months after the case was filed. The plaintiff settled with defendant restaurant. The plaintiff has filed an appeal regarding the granting of summary judgment in favor of defendant Portofino Cruises.
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