Sharon Long, Donald Long, Wendy Garvin, Douglas Garvin, Krista Fabros v. Douglas Shipton, Paula Shipton, Gordon Shipton
Published: Jan. 1, 2000 | Result Date: Jun. 14, 1999 | Filing Date: Jan. 1, 1900 |Case number: 721601 Verdict – $35,666
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Kurt W. Hallock
(Law Office of Kurt W. Hallock)
Defendant
David A. Gomes
(Gomes, Hirshik & Hummel)
Experts
Plaintiff
Mark H. Mikulics
(medical)
Ranger Mark Miller
(technical)
Defendant
Raymond M. Vance M.D.
(medical)
Michael M. Sampsel
(technical)
Facts
Plaintiff, Sharon Long was riding on a jet ski near shore and fell off. The plaintiff and her son-in-law, Douglas Garvin remained in the water by holding onto the boat. At the same time as plaintiffs were in the water, a riderless jet ski struck the starboard side of the boat causing it to knock into plaintiff and her son-in-law. The jet ski had been operated by defendant, Douglas Shipton, who fell off while attempting to make a 360 degree turn with the jet ski.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $81,000. At mediation, defendants offered $50,000 and subsequent to mediation, defendants made a C.C.P. Section 998 offer to Sharon and Donald Long of $55,000, plus money to the other plaintiffs thus making a total offer of $60,000. Early into the trial, the judge instructed defendants to get authority to settle the matter for $72,500. The plaintiffs refused to accept.
Injuries
Sharon Long was allegedly unconscious and sustained lacerations to her chin, with two fractured ribs and ongoing complaints of chess, shoulder, neck and back pain. She was diagnosed a having fibromyalgia and incurred medical special of $22,183, later reduced and submitted to the jury for $18,666.
Other Information
Prior to being sent home, the jury foreman informed the judge that they could not decide question No. 1 on the special verdict form as to whether Shipton was negligent or not. The court instructed the jury to return the following week. However, the defendants agreed to stipulate as to Shipton's negligence with a high of $90,000 and a low of $20,000. Thereafter, the issues of damages went to the jury. The verdict was reached approximately one year after the case was filed.
Deliberation
5½ hours
Poll
9-3
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390