Sports and Recreation "Winning Record" Case Description
San Francisco California Sports Injury Lawyers
Diving Accident
Our Client v. City of Walnut Creek
Contra Costa County Superior Court
$27.75 million verdict
Our client was a 20-year-old state diving champion who was rendered a quadriplegic when he collided with a synchronized swimmer during diving practice in a public pool. The City of Walnut Creek, owner and operator of the pool, rented its dive pool to a diving team and a synchronized swimming team to hold practices at the same time without any means of separating the two inconsistent uses. The diver did not see a 15-year-old synchronized swimmer push off the wall under the diving board toward his landing area just as he began his dive. The pool now uses floating lane lines to separate the two groups. The verdict was identified as the 12th largest in California and the 67th largest in the United States in 2003.
Motocross Accident
Our Client v. Sand Hill Ranch Motocross Park, et al.
Contra Costa County Superior Court
$3,043,491 for back injuries
Our client paid a $20 fee to ride his dirt bike at Sand Hill Ranch Motocross Park in Brentwood, California, and signed a release that waived many of his rights to make claims against the park. He began to ride his motorcycle on Sand Hill Ranch's 40 acres of trails. He took one trail that unknowingly led him off Sand Hill Ranch's property and onto the property of a neighbor, the Brentwood Rod and Gun Club. That trail led to a 25-foot man made cliff, the visibility of which was obscured by a tree. Our client rode his dirt bike around the tree at approximately 20 mph, and unsuspectingly drove off the cliff. He landed on several large boulders at the base of the cliff.
As a result, our client suffered serious injuries, including a comminuted fracture of his right wrist and a T7 burst fracture. He underwent spinal surgery to install hardware to fuse T3-T9. He missed 15 months from his employment.
Plaintiff claimed negligence and gross negligence against Sand Hill Ranch Motocross Park and the Brentwood Rod and Gun Club for failing to warn our client about the boundaries of the motocross facility and the presence of the dangerous cliff. Defendants contended 1) that the release signed by plaintiff barred his claim, 2) that plaintiff assumed the risk of injury by participating in motocross as a sporting activity, 3) that plaintiff negligently caused his injuries, and 4) that recreational immunity under Civil Code Section 846 also barred plaintiff's claim.
On the eve of trial, plaintiff settled with the Brentwood Rod and Gun Club and the trucking company that dumped the bounders at the base of the cliff for a combined $775,000 and agreed to binding arbitration with the remaining defendant. The arbitrator awarded plaintiff $2,268,491 in damages against Sand Hill Ranch Motocross Park.
Car Rally
Our client v. Classic Car Club
Contra Costa County Superior Court
$900,000 settlement for facial injuries.
Plaintiff was the wife of the defendant who owned a vintage Austin-Healey convertible and was a member of the board of directors of a touring club that held rallies. Plaintiff accompanied her husband on such a rally in the Monterey, California area. During the rally he suddenly lost consciousness and veered off the road and crashed. Plaintiff sustained serious facial injuries when her head hit the windshield and dash area. The car was equipped only with a lap seat belt. Plaintiff contended that the husband was negligent in not telling his wife that some time in the distant past he had suffered from seizures. She had no idea that he had this proclivity or she would not have ridden in such a vehicle with him.
The defense argued that this was an act of God and there was no negligence. The defense also argued that it did not believe that plaintiff was unaware of her husband's medical history.
After extensive depositions and motions, the case settled during mediation.
Football Injury
Our client v. St. Bernard's High School
Humboldt County Superior Court
$850,000 settlement for brain injury
This incident occurred during Fall Practice for high school football at St. Bernard's High School, a Catholic high school in Eureka, California. Plaintiff sustained a brain injury when he was performing tackling drills under the supervision of a school coach. Plaintiff was injured when he was "face tackling" another player. Plaintiff argued that face tackling is an illegal and dangerous tackling method because it increases the risk of head and neck injury. Defendant argued that the tackling method was acceptable and that plaintiff assumed the risk of injury by participating in the contact sport of tackle football. After considerable discovery the case settled.
Camping Death
Our Client v. Target Stores, Inc. and Academy Broadway, Inc.
Alameda County Superior Court
$671,000 wrongful death jury verdict
Plaintiff and his wife decided to go camping for Memorial Day in the Hope Valley just south of Lake Tahoe. It was the couple's anniversary so as a gift they purchased a new canvas cabin tent from Target Stores in Dublin, California. The tent was made in China but it was designed, assembled and marketed by a Smithtown, New York company named Academy Broadway Inc.
Plaintiff set up the tent next to a quiet stream and used the metal stakes that came with the tent to anchor it. There were approximately 14 stakes and they were V shaped and 6 inches long. The tent had a floor and a zip up window and door. The tent also came with an attached canopy that was held up by poles and anchored by stakes.
While plaintiff was cooking breakfast beneath the adjacent canopy a strong gust of wind came up and the canopy collapsed. The plaintiff turned around and to his amazement the entire tent was airborne with his wife in it. She had stayed in the tent and had zipped up all the openings to take a sponge bath. She weighed over 150 pounds and the other material in the tent weighed at least another 100 pounds or more. The tent went about 60 feet into the air and then landed on some large Tahoe rocks nearby.
The plaintiff ran to the point of rest and was finally able to access his wife who was unconscious and was bleeding from her ears. He screamed for help and it took more than an hour for the emergency vehicles to arrive to treat her. She was alive when they arrived but she died of a massive head injury shortly after she got to the hospital.
The wind had uprooted all of the tent stakes from the ground and had lifted the tent in the air. Plaintiff argued that the tent was defective in design because its stakes were too short and were of the wrong design. Plaintiff conducted extensive discovery and found that Target's replacement stakes were considerably longer and better shaped to retain the tent. Plaintiff also discovered that the manufacturer had never really "designed" the tent for wind and had no idea how it would perform in windy conditions. Plaintiff retained a New Jersey tensile architect as an expert who testified that the tent was defective.
The defense argued that the tent was not defective and that the wind could not have lifted straight up in the air as plaintiff described. It argued that the number, quality and design of the stakes was adequate. It also argued that a large dust devil uprooted the tent.
The jury held for plaintiff and this is the only such case of its kind in the country. The verdict got the attention of the tent industry and it now realizes that tent designers must consider the effect of wind (e.g. lift) on tent structures. Prior to this case, tensile architects had considered the effect of wind in the design of larger structures like the Hubert Humphrey dome in Minneapolis and the Denver Airport but most tent manufacturers had not.
Bike Accident
Our client v. Truck driver:
Contra Costa County Superior Court
$500,000 settlement
Our client was the 26-year-old son of a 55-year-old divorced man from Moraga, California, who was riding his road bike with two friends just north of Orinda, California on Bear Creek Road. The route he took is popular for cyclists, called "The Bears" because it includes three hills (Mama, Papa and Baby Bear). Plaintiff's father was riding in front of two friends on the "white line" - the fog line - separating the bike lane from the right travel lane. Suddenly a passing pick up truck bumped his upper body with its protruding rearview mirror, causing him to lose his balance when he was descending Papa Bear Hill at approximately 35 MPH and crashing onto the roadway pavement. The defendant driver denied that he came near the cyclist. Despite wearing a helmet, the severe impact caused a massive brain bleed and brain swelling which ultimately caused his death within 24 hours. Cyclists must be aware that you can still sustain a major brain injury while wearing a proper helmet.
Bike accident
Our client v. other driver
Contra Costa County Superior Court
Our client was riding a bicycle in the bicycle lane northbound on Danville Boulevard near the Alamo/Walnut Creek border in Contra Costa County. He had the right of way going straight on Danville Boulevard. Suddenly an oncoming southbound car gunned a left turn in his path to reach the southbound Highway 680 onramp. The cyclist collided with the front of the car and was thrown onto the hood and into the windshield with considerable force. He broke the windshield and then rolled off the top of the car onto the pavement suffering serious injuries, including brain bleeding and brain swelling. This case was settled for a confidential amount prior to trial after a number of depositions.
Target Shooting Accident
Our client v. target shooter
Contra Costa County Superior Court
$125,000 settlement
Plaintiff was driving his convertible in Orinda, California with his wife and children in the car. He suddenly felt something hit his lower neck and pulled over to investigate. He was bleeding. He stopped at a nearby house to call 911 and started to feel worse. A stray pellet from a pellet gun had lodged in his neck. When the police investigated they found a young man in a house near the road who was target shooting. Apparently, the young man missed his target and the pellet struck plaintiff in the neck.
Boating Accident
Our clients v. The Berkeley Marina
Alameda County Superior Court
$100,000 settlement.
Plaintiff owned a sailboat that was docked at the Berkeley Marina. He was seriously injured when he tripped and fell on a defective feature of the dock that was caused by poor maintenance.
Water Skiing Accident
Our client v. Voit Products.
Trinity County Superior Court
This incident happened at Trinity Lake (aka Clear Eagle Lake) near Weaverville, California. The plaintiff was the owner of an aircraft supply business at the Oakland Airport. He went up to Trinity Lake with friends and while he was there they encouraged him to attempt to water ski for the first time. They lent him a pair of relatively inexpensive Voit water skis to use. The rubber bindings on the water skis were held down on each side by metal rods affixed with screws. On his first attempt to get up on the skis, the plaintiff got up briefly but then fell when one of the skis seems to go out from under him. While he was treading water waiting for the boat to come around, a large piece of his foot plopped up in front of him in the water. He was unaware of his injury at that point. One of the retaining plates had come loose and had been bent upwards by the force of his foot coming out of the binding. This raised piece of metal served as a knife to cut off his entire forefoot leaving him crippled. He had to walk with a cane and the foot was extremely painful and ugly. The owner of the skis had banged them into a tree after the incident and tossed them in a trash can at the campsite. Fortunately, plaintiff's attorneys were able to retrieve the damaged skis with rapid private investigation so there was a product for the experts to examine and determine that it was defective in design. The binding was unsafely designed and attached. This case settled for a confidential amount.
Bike Accident
Our client v. Driver of a car
San Mateo County Superior Court
This "dooring" incident occurred in Redwood City, California. Our client sustained serious injuries to his neck when riding his bicycle in a bike lane and the driver of a parked car threw open his door. The driver gave no indication that he was going to get out of the car. The top corner of the door hit the plaintiff's neck in the vicinity of his jugular vein. He was thrown from the bike and was bleeding profusely. Fortunately, there was an ambulance nearby and paramedics gave him immediate attention and saved his life. The defendant denied negligence and accused plaintiff of inattention and running into his door. The case was eventually settled favorably for plaintiff for a confidential amount.
Ski Lift Accident
Our client v. Squaw Valley Ski Resort, Garaventa Ltd.
Placer County Superior Court
This is the very well known Squaw Valley tram accident that happened just north of Lake Tahoe in California at the Squaw Valley ski resort. The tragic events were made into a television movie. Our client and her husband were passengers in the large tram that leads from the ski village to the top of the mountain. The cable pulling the tram was held in place by a cable securing device that failed allowing the cable to slice into the tram fatally wounding plaintiff's husband before her eyes. In fact, plaintiff held her dying husband in her arms waiting for rescue and praying for his survival. Unfortunately, help did not arrive in time. The tram was defective in design in that its cable holding device failed. Confidential settlement amount.
Boating Accident
Our clients v. The Mary Jane
Marin County Superior Court
This is a double wrongful death action that happened just off the coast of Bodega Bay, California in the Pacific Ocean. The plaintiffs were the heirs of a father and son who went on a sports fishing outing for the day on a "party boat" called The Mary Jane. The captain returned to port by taking a short cut that took his boat to an area where "sneaker waves" were known to be generated. A sneaker wave is a huge wave that is created near shore during the winter months. These waves are large enough to engulf or capsize a fairly large boat. The Mary Jane was hit by a sneaker wave that exceeded 20 feet in height and it threw several passengers off the boat, including the plaintiffs' father/husband and son/brother. They were swept from the boat and drowned. Confidential settlement amount.
Baseball Team Hazing
Our clients v. San Francisco Unified School District (Wallenberg High School)
San Francisco Superior Court
Plaintiffs were several freshman on the high school baseball team. It had been a tradition at this particular public high school that freshmen went through hazing to become members of the team. The head coach knew that this happened but turned a blind eye to it. The hazing happened on a road trip for a tournament. It consisted of sexual pranks that were degrading and demeaning to the freshmen. As a result, several of the players quit playing baseball and were emotionally traumatized by the sexual acts. The school defended by arguing that it was unaware of these activities and that any involvement by the freshman was consensual. Confidential settlement amount.
Boating Accident
Our client v. Banks Maxwell Propeller Company
Humboldt County Superior Court
Plaintiff was a young farmer who lived in Fortuna, California, in Humboldt County just south of Eureka. He purchased an airboat for fishing on one of the many shallow rivers in Humboldt County. The airboat consisted of a flat bottom boat with a 6 foot diameter propeller to power it. It resembled the airboats used in the Florida Everglades. Unfortunately, only the lower 180 degrees of the propeller travel was guarded and the upper 180 degrees was completely unguarded. Plaintiff was standing in his boat in his garage while he was tuning the boat's engine that drove the propeller. He tripped over a raised rib in the boat, fell forward and reached out to catch himself. He tried to reach to the single horizontal bar which was part of the lower guard but missed it and his hand when into the spinning propeller amputating a good portion of it.
Plaintiff argued that the boat was defective because the propeller was inadequately guarded. Plaintiff argued that the entire anterior portion of the propeller should have been guarded. Defendant argued that plaintiff was negligent for tripping over the rib and that he should not have had the propeller running at that point. It also argued that guarding 360 degrees of the front of the propeller would reduce the propeller's power to propel the boat. Confidential settlement amount.
Skiing Accident
Our client v. Squaw Valley Ski Resort
Placer County Superior Court
Plaintiff was skiing alone at a Sierra resort and it appeared as though the trail continued ahead and there were tracks to support that assumption. Plaintiff proceeded and went off a drop off into a creek bed seriously fracturing his ankle and foot. There were no signs or other warnings to indicate that the trail did not continue in that direction. Plaintiff sued the ski resort for negligence on the basis that the terrain was dangerous because it was not properly marked.
The defendant contended that the area was not misleading and that plaintiff assumed the risk of harm. Confidential settlement amount.
Gymnastics Injury
Our minor client v. East Bay gymnastics center
Contra Costa County Superior Court
Our client was young girl attending a birthday party for one of her friend which was held at a gymnastics center. The center had parallel bars, trampolines and other types of gymnastics equipment that was available for the children to use during the party. The supervision was inadequate and plaintiff seriously injured her arm while she was attempting to use the parallel bars. Confidential settlement amount.
Water skiing/boating accident
Our client v. boat operator
Contra Costa County Superior Court
This wrongful death case arose out of an accident in the Delta in Northern California. Our clients' father was water skiing and was struck by a boat. The boat propeller killed him. Confidential settlement amount.
Cruise ship injury
Our client v. cruise ship operator
Los Angeles County Superior Court
Our clients were passengers aboard a cruise ship embarking from Long Beach, California. The husband fell 20 feet from the gangway into the water as he was attempting to board the ship and bobbed up beneath the adjacent dock. He sustained serious lacerations on his head and nearly died because he could not find the edge of the dock to get to the surface. His wife witnessed the entire traumatic event. Confidential settlement amount.
Amusement park injury
Our client v. an amusement park operator
Alameda County Superior Court
Our client was a young boy from Fremont, California. His mother took him to an amusement park where he took a ride that had a large conveyor belt to move people through it. As he was nearing the end of the belt, his hand got caught in the belt and his palm was traumatically ripped off his major hand. The ride was defective and dangerous in that there was ample room for a small hand to get caught in the moving belt. Confidential settlement amount.
Fireworks injury
Our client v. manufacturer of fireworks device
Alameda County Superior Court
Our client was a man in his 40's from Fremont, California. For the 4th of July he bought some fireworks with the intention of lighting them in his Fremont neighborhood with his children. One of the devices he bought was a Screaming Meemie that made a very shrill and loud noise when you lit it. The plaintiff lit the Screaming Meemie in the street in front of his house and the noise was so loud that it permanently injured his hearing. The defense argued that he had sustained some hearing loss from attending rock concerts as a teenager but plaintiff's medical expert and acoustical engineer proved that the device had the intensity and duration to cause a significant high frequency hearing loss. Confidential settlement amount.
Golf injury - brain damage
Our client v. golfer and golf camp
Alameda County Superior Court
$5,100,000 partial settlement
Our young client attended a Nike Golf Camp in Berkeley and was struck in the head with a Big Bertha golf club by a fellow golf student. The blow crushed out client's skull, causing a severe traumatic brain injury. At the time of the incident the foursome of student golfers, ranging from 12-14 years old, was left unsupervised by the golf camp, operated by American Golf Corporation. Our client underwent an emergency decompressive craniectomy that removed the fractured brain fragments and exposed his brain to relieve the swelling. This treatment prevented further brain damage. Eventually, doctors implanted a computer-designed acrylic skull prosthesis to close the defect in his skull. Our client settled with the fellow golf student for $5.1 million, the policy limits of his homeowner's coverage, and the case proceeded to trial against the remaining defendants. Before jury selection the remainder of the case settled for an undisclosed amount.
