Verdicts / Settlements - Defendants

James MacLaren vs. California Athletic Productions,Triathlon-Federation / USA, County of Orange, The City of Mission Viejo,Michael O. Braunstein, Walter M. Roberts, David Lowenstein, Orange County Performing Arts Center and the Guilds of the Center

FACTS

6/6/93: Plaintiff, a world class amputee athlete, was injured while participating in the 1993 Mazda/Orange County Performing Arts Center (OCPAC) Triathlon. In 1985, the Plaintiff was struck by a bus in New York City. At one point clinically dead, the Plaintiff survived this first incident, although he lost his left leg below the knee. The Plaintiff battled back from these injuries to become the world's foremost amputee endurance athlete. He is the amputee world record holder in the Boston, Los Angeles and Hamburg marathons, as well as the Hawaiian Ironman competition.

The Plaintiff was invited to participate in the 1993 Mazda/OCPAC Triathlon by the sponsoring agencies. The course for this particular biathlon was primarily laid out by Defendant Michael Braunstein through his sole proprietorship, Defendant California Athletic Productions. Mr. Braunstein and his company were hired to design and produce this event by OCPAC. The biathlon course primarily was within the Defendant City of Mission Viejo, and agents of the City and the County of Orange played a crucial role in the design and implementation of the race course. The biathlon was sanctioned by Defendant Triathlon Federation/USA ("TriFed"), the sport's governing body, which reviewed and approved the course layout and other production details.

During the bicycle portion of the biathlon the Plaintiff was struck by a van driven by Defendant Walter Mervyn Roberts. As a result of the collision, the Plaintiff fell off his bicycle and struck a traffic pole, breaking his neck. Mr. Roberts' vehicle was directed into the Plaintiff/s path by Orange County Sheriff's Deputy David Lowenstein, who the Plaintiff contended was the agent of both the County of Orange and the City of Mission Viejo. As a result of this incident, the Plaintiff was rendered a quadriplegic.

PLAINTIFF CLAIMED

he was injured as a result of the negligence of Deputy Lowenstein, who waved the van into his path. Deputy Lowenstein's orders were to give the bicyclists the right of way, which he failed to do. The bicycle course was poorly designed since the particular intersection where this incident occurred was too large to be staffed by a single officer, and course monitor assistance was not provided by race sponsors. The language of the release signed before the race was legally insufficient, and the manner of injury to the Plaintiff was outside the scope of the waiver agreement or that of any assumed risks.

DEFENDANTS EXCEPT DRIVER ROBERTS ARGUED

that the accident was primarily caused by Defendant Roberts for failing to promptly follow the directions of Officer Lowenstein. If these instructions had been followed, these Defendants argue Mr. Roberts' vehicle would have cleared the intersection prior to the Plaintiff's arrival. Furthermore, Roberts failed to look out for the approaching bicyclists prior to the collision. The Plaintiff had the opportunity to avoid the collision by braking or steering around the van, but failed to do so. These Defendants primary argument, however, was that this entire action was blocked by the terms of a prerace waiver and release allegedly signed by the Plaintiff prior to the start of the race. The doctrine of assumption of the risk blocked any and all liability. Several government immunities were also raised by Defendants County of Orange and City of Mission Viejo.

INSURANCE COMPANY

SelfInsured for Public entities The Defendants' motions for summary judgment on the above issues were denied by the trial Court on 10/4/96. Following the denial of the summary judgment motions and facing a trial on the merits, this matter was successfully mediated resulting in a successful resolution with the case being dismissed as part of the settlement terms. This action, involving the County of Orange, was delayed from 12/94 to 11/95 due to the Orange County Bankruptcy.

TriService Reference No. S970301