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)
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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