Philip R. Joy v. Sea Surveyor, Inc., et al.
Published: Apr. 19, 1997 | Result Date: Nov. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: L5762 – $239,939
Judge
Court
Solano Superior
Attorneys
Plaintiff
Defendant
Paul J. Steiner
(Law Offices of Paul J. Steiner)
Experts
Plaintiff
Kenneth J. Berniker
(medical)
Michael W. Shifflett
(medical)
Facts
On Nov. 11, 1994, plaintiff Philip R. Joy, a 44-year-old crane operator and self-employed house mover, was hired by the defendant company to operate a rented crane on a barge leased by the defendant. The defendant had contracted to take core samples from the mud of one of the channel entrances to the Port of Long Beach. The plaintiff had previously used a crane to move a house for one of the defendant's employees. The plaintiff operated the crane to lift and lower the vibracore (equipment used to obtain core samples) from the barge to the ocean floor. The final mud core sample was obtained on the fifth day of the project. After the barge returned to port, the plaintiff used the crane to lift the vibracore onto the dock. The plaintiff was asked to assist the defendant's other employees in manually folding up the vibracore for truck transportation. The demobilization was supervised by defendant John Peace, one of the defendant company's employees. The plaintiff was injured when a 15-foot by 4-foot steel leg of the vibracore dropped onto his right foot. The plaintiff brought this action against the defendants based on negligence and negligent supervision theories of recovery.
Settlement Discussions
The plaintiff's last settlement was $100,000. The defendants' last settlement offer was $15,000.
Damages
The plaintiff asked the jury for $287,488 in damages.
Injuries
The plaintiff claimed that he suffered a fracture of the first metatarsal of the right foot and that an attempt at closed reduction by treatment in the emergency room three days after the accident was unsuccessful. In June 1995, the plaintiff had an open reduction and internal fixation of the malunion of the fracture. The plaintiff claimed permanent difficulty walking and standing.
Other Information
The verdict was reached approximately one year and one month after the case was filed. Settlement conferences were held on Oct. 11, 1996 and Nov. 15, 1996 before Judge Dwight Ely. They did not resolve the matter. The defendants have filed an appeal in the Court of Appeal. Motions for new trial or, in the alternative, to set aside and vacate judgment and enter another and different judgment was raised by the defendants and denied by the court. The plaintiffs filed a motion to vacate judgment and enter an amended judgment which was unopposed by the defendants and granted by the trial court.
Deliberation
6+ hours
Poll
varied
Length
7 days
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