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Personal Injury
Product Liability
Design Defects

Fred Kee v. O'Brien

Published: Aug. 2, 1997 | Result Date: Jun. 26, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 30296 Verdict –  $0

Judge

Al Girolami

Court

Stanislaus Superior


Attorneys

Plaintiff

David B. Walker


Defendant

Bradley A. Post
(Borton Petrini LLP)


Experts

Plaintiff

Raymond Merala M.S.
(technical)

Leslie Konkin
(medical)

Facts

Plaintiff Fred Kee, a 57-year-old man, was water skiing using defendant O'Brien's water ski. The plaintiff claimed that the adjustable toe boot came off the ski while in use and caused him to fall and sustain injuries his fall and subsequent fracture. The plaintiff brought this action against the defendant based on design defect, failure to warn and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $100,000. The defendant made a settlement offer of $25,000.

Injuries

The plaintiff claimed he suffered a tibial plateau fracture with subsequent knee replacement surgery.

Other Information

The verdict was reached approximately _____ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/___/19_____ before __________________ (name) of ______________ (affiliation or court) resulting in _________________.

Deliberation

1¾ hours

Poll

11-1 defense (design defect), 12-0 defense (negligence)

Length

6 days


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