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Verdicts / Settlements - DefendantsBrownstein vs. Sea Crest, Inc.; Minstar, Inc.
CASE NO.: C 477,297
VERDICT DATE: September 11, 1989 TOPIC: Product Liability RESULT: Defense verdict INJURY: Brain damage resulting in leftsided hemiplegia; cognitive dysfunction, multiple lacerations. SPECIALS: Medical -$350,000; Future medical -- $500,000 (disputed); Loss of Earnings -- $500,200; Future Loss of Earnings -- $750,000 (disputed). AREA: San Fernando, CA JUDGE: Hon. Bruce Sottile Dept. "B" PLAINTIFF ATTORNEY: Matthew B. F. Biren, Los Angeles DEFENDANT ATTORNEY: David W. Brennan and Malcolm D. Schick, Law Offices of David W. Brennan, San Diego, for Sea Crest, Inc.; Cynthia Pierson and Thomas Ingram, Negele, Knopfler , Pierson and Robertson Universal City, for Minstar FactsOn 7/8/83, the Plaintiff, a 29 year old attorney, was operating a "wetbike" (a type of watermotorcycle) on Lake Castaic. Defendant Minstar assembled the wetbike and originally had the right to manufacture the wetbike but Defendant. Sea Crest bought those rights and manufactured the wetbike involved. Plaintiff had purchased the product 8 days earlier and had spent less that 5 hours operating it. Plaintiff was riding parallel to a 20 foot cabin cruiser. The wetbike suddenly veered into the boat's path. Plaintiff's head came into contact with the boat's propeller. Plaintiff Claimedthe wetbike was defective in design. The bike was uncontrollable when contacted by a wave or boat wake and was unsafe for a novice to operate. Water spray from the wetbike reduces the operators visibility. Defendants promoted the product as a safe "toy" which misled the Plaintiff. Plaintiff also alleged negligent manufacture and design. Defendants Arguedno defect or negligence. The accident was caused by operator inexperience and error. There was no direct proof that the wetbike was out of control at the time of the accident. Offer$300,000 raised to $500,000 then withdrawn Demand$4,500,000 reduced to $1,500,000 at trial Trial Time36 days Jury Time3 hours Poll102 NotePlaintiff had prior settlement with other Defendants totaling $1,579,500 Verdictum Juris No. 89-148AB |