Facts

Henri and Andree Braghini were on a Harbor Princess boat tour of San Francisco Bay when Henri was thrown to the floor during a turn. Andree was also thrown, and witnessed her husband being crushed by a table that fell on top of him.

The Braghinis filed suit against Fisherman's Wharf Bay Cruise Corp. and Golden Gate Scenic Steamship Cruise Corp., which owned and operated the boat, as well as Lawrence Reed and Red and White Fleet Excursions Inc., which sold tickets for the tours.

PLAINTIFFS' CONTENTIONS:
The Braghinis alleged improper operation and failure to warn, respondeat superior, common carrier liability, as well as inadequate inspection, maintenance and repair. The Braghinis contended that the boat mishandled the turn causing them to be thrown to the floor. They also claimed that the table that fell onto Henri was unsecured.

DEFENDANTS' CONTENTIONS:
Defendants denied any liability, contending that the incident was an act of God and that the Braghinis had assumed the risk.

Damages

Henri sought damages for medical expenses, and Andree sought damages for loss of consortium and emotional distress.

Injuries

Henri sustained a fractured left hip, undergoing a hemiarthroplasty and physical therapy. Andree sustained a bruised left arm.

Result

The parties reached a settlement for $509,000 after trial had commenced.