Stanley Kurash and Naomi Kurash v. CJ Resorts, Inc., and Does 1-20, Inclusive
Published: Oct. 4, 1997 | Result Date: Sep. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: 703109 – $60,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Leo R. Bartolotta
(Geary, Shea, O'Donnell, Grattan & Mitchell)
Defendant
Experts
Plaintiff
Wayne Akeson
(medical)
John Sevier
(technical)
Richard Hall
(medical)
Defendant
William E. Bowman Jr.
(medical)
Danny Keiller
(medical)
Facts
On Aug. 29, 1995, plaintiff Stanley Kurash, a 74-year-old retired man, was playing golf at defendant CJ Resorts Inc.'s Oaks North Golf Course, when a 750-pound pine tree limb fell and struck him. The plaintiff had a 10-year medical history of complaints of mild erectile dysfunction related to decreased frequency. As a result of the total sexual abstinence during the 4- to 5-month recuperation period related to rib and low back injuries, the plaintiff's dysfunction progressed significantly. After the accident, the plaintiff was only able to reach coitus with his wife of 53 years after painful injections or suppositories. The plaintiffs, husband and wife, brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $500,000 at the mandatory settlement conference reduced to $250,000 in argument to the jury. The defendant made no settlement offer and asked the jury to award no more than $12,000 if liability was found.
Specials in Evidence
$6,500
Injuries
Approximately three months after the accident, the plaintiff alleged he first noticed pain in his left shoulder on full-range rotation. Two months later, the plaintiff claimed he further injured his shoulder playing golf. Per the plaintiff, all experts agreed he had a fully torn rotator cuff as of October 1996. The plaintiff attributed the partial tear to the accident. The plaintiff also claimed a broken nose, fractured ribs, a bruised coccyx and increased erectile dysfunction and limited ability to do overhead lifting.
Other Information
The verdict was reached approximately two years after the case was filed. The defense argued that evidence of safety trimming done post-accident was subsequent remedial repair and should be excluded. At trial, the defendant claimed they intentionally left the trees fuller. A subsequent safety trimming invoice was admitted as impeachment evidence. The plaintiffs requested a jury view and the defendant agreed. During the view, a large limb broke and fell within 50 feet of the jury.
Deliberation
3 hours
Poll
12-0
Length
5 days
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