Shirley Elizabeth Henry v. Kawasaki Motor Co.; Santa Clara Dept. of Parks and Recreation; Santa Clara Valley Water District, et al.
Published: Jul. 18, 1998 | Result Date: Feb. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: 742674 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Richard A. Mueller
(Thompson Coburn LLP)
Ralph W. Robinson
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
Experts
Plaintiff
Jeffrey L. Anderson
(medical)
Kenneth Ziedman
(technical)
Ronald Simmer
(technical)
Jaylene Kent
(medical)
Dean B. Tuft
(technical)
Aldon J. Hilton
(medical)
Thomas C. Ebro
(technical)
G. Michael Michael Graham
(technical)
Defendant
Robert A. Taylor
(technical)
Peter M. Fuller
(technical)
Ron Robbins
(technical)
Facts
On Aug. 3, 1993, plaintiff Shirley Henry, a 40-year-old unemployed woman, was injured when she was water-skiing on Anderson Reservoir in Santa Clara County. As the ski boat exited a cove on the reservoir, two operators of jet skis manufactured by defendant Kawasaki Motor Company were proceeding south at approximately 25 mph. The plaintiff alleged that the jet ski's lack of directional control without throttle was the cause of the accident. According to the defendant who was operating the jet ski that eventually struck the plaintiff, he released the throttle of the jet ski in an attempt to slow the craft down given the impending impact. He testified that he tried to turn the craft three times but was unable to do so once the throttle was released. The plaintiff brought this action against defendant Kawasaki Motor Co. based on product liability theories of recovery. The driver who hit the plaintiff settled and the other defendants were let out of the case on summary judgment.
Settlement Discussions
The plaintiff demanded $875,000 at the settlement conference but withdrew the demand pending an offer from defendant which, per plaintiff, was never received.
Specials in Evidence
$256,809
Other Information
The plaintiff filed a motion for a new trial based on juror misconduct which was denied. The case thereafter settled.
Deliberation
4½ hours
Poll
9-3 (product liability), 10-2 (negligence)
Length
15 days
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