Confidential

Facts

On Sept. 24, 2005, the plaintiff, 35, was thrown from the bow seat of a ski-boat rented and operated by friends for a weekend outing in San Joaquin. The driver of the boat was not aware that they were entering a 5 mph ("no wake") zone and reacted by quickly decreasing the boat's speed from 25 mph, which, in turn, caused the boat to "go off plane" with the bow suddenly rising up and then falling, effectively catapulting plaintiff off the front end of the boat.

The plaintiff ended up under the ski-boat, and was run over by the inboard propeller, amputating his left (non-major) arm and severely lacerating his upper biceps and shoulder muscles.

The plaintiff subsequently underwent several surgeries resulting in an above-elbow left arm amputation and internal fixation of the comminuted humeral shaft.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that his friend, the boat operator, violated several Federal Inland Navigation Rules, including failure to pay attention to his surroundings. The operator should have seen and anticipated the 5 mph zone sooner and should have appreciated the plaintiff's precarious position in the bow of the boat.

DEFENDANT'S CONTENTIONS:
The defendant contended that he was not liable under the doctrine of Primary Assumption of the Risk. The plaintiff bore a large percentage of comparative negligence in that he had assumed an unsafe position in the bow of the boat and was significantly impaired by alcohol, which measured .05 blood alcohol, several hours after the accident.

Damages

$97,000 (medical); $600,000 (lifetime prosthetic need); $250,000 (loss of earnings); $8,500 (education expenses).

Injuries

Left arm amputation and post traumatic stress disorder.

Result

The case settled for $2,850,000 one week after mediation with Richard Patsey, retired, of JAMS.