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Torts
Negligence
Boating Accident

Brack Duker v. John Carroll IV

Published: Jul. 12, 2001 | Result Date: Apr. 10, 2001 | Filing Date: Jan. 1, 1900 |

Case number: SC054659 Arbitration –  $469,786

Court

L.A. Superior Santa Monica


Attorneys

Claimant

Paul T. Gough
(Law Office of Paul T. Gough)

Lawrence J. Straw Jr.


Respondent

Cheryl A. Kirkpatrick
(Horton, Oberrecht & Kirkpatrick)


Experts

Claimant

Chester A. Hasday
(medical)

Harry Munns
(technical)

Respondent

Ian Douglas Campbell
(technical)

Keith E. Liberman M.D.
(medical)

Facts

On the evening of June 24, 1998, the plaintiff was sailing his 24-foot sloop, Velerito, off the detached breakwater
at Marina del Rey. The defendant was sailing his 51-foot sloop, Arana, in the same area. Both vessels were in
the area awaiting their participation in California Yacht ClubÆs "Sunset Series" sailboat race. However, neither
vessel was racing at the time.
Velerito was close-hauled to the wind on starboard tack at a speed of 5 knots and Arana was reaching on port
tack and traveling at 8 knots. The vessels appeared to both the plaintiff and the defendant to be on a collision
course. Velerito, the starboard tack vessel, was the vessel with the right-of-way and was required to hold her
proper course.
Arana was the give-way vessel and was required to keep clear of Velerito. After the defendant observed the
Velerito, he made a series of maneuvers to avoid a collision. Nevertheless, Arana slammed head-on into
VeleritoÆs port side. The force of the collision was so great that it lifted Velerito part of the way out of the water
and bent her stainless steel rudder post approximately 20 degrees. The force of the collision also jammed the
tiller extension, which the plaintiff was holding to steer Velerito, into his right biceps, rupturing his distal
biceps tendon.
The damage to the plaintiffÆs distal biceps tendon is not repairable and he will suffer as much as 50 percent
loss of use of his right, dominant arm. He will also experience continuing and considerable pain. Velerito was
a total loss.

Settlement Discussions

The defendant informally offered $25,000 to settle the case prior to the commencement of the arbitration before Lawrence D. Bradley Jr.

Specials in Evidence

$3,301

Damages

The plaintiffÆs vessel, Velerito, was a total loss.

Injuries

The plaintiff sustained a permanent rupture of his right distal biceps tendon.

Result

After a four-day arbitration, the arbitrator ruled that the Arana was the give-way vessel and had to, but did not, keep clear of Velerito and that Velerito had maintained her proper course. He also found Arana did not have a proper look-out. The arbitrator also determined that VeleritoÆs look-out system may not have been adequate and while it was not certain that Velerito may have been able to take evasive measures prior to the collision. As a result, he found 15 percent comparative negligence on the part of the plaintiff. The arbitrator awarded a total, gross judgment in the amount of $511,551 in favor of the plaintiff. The judgment consisted of $500,000 for personal injuries, $8,250 for property damage and $3,301 for medical expenses. The judgment was reduced by 15 percent for the plaintiffÆs comparative negligence, for a total of $434,818. The plaintiff was also awarded costs in the amount of $34,968. The total net received by the plaintiff was $469,786.

Other Information

The defendant informally offered $25,000 to settle the case prior to the commencement of the arbitration before Lawrence D. Bradley Jr.


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