$25,000
Awarded

SETTLEMENT – PASSENGER ON FISHING BOAT SLIPS AND FALLS DOWN STAIRS

PREMISES LIABILITY
Slip/Trip & Fall: Stairs/Slippery Surface

RECREATIONAL ACTIVITIES
Miscellaneous

ORANGE COUNTY SUPERIOR COURT
LeCocq v. San Clemente Sportfishing, No. 01CC12561. Andrew Banks. Settlement Date: 1/22/2003.

SETTLEMENT RESULT: $30,000

COUNSEL
Plaintiff: Ned P. Reilly, Horton, Barbaro & Reilly, Santa Ana.

Defendant: Sterling J. Stires, Law Offices of Charles S. LiMandri, Rancho Santa Fe.

FACTS/CONTENTIONS
According to defendant: A passenger on a fishing vessel alleged that he slipped and fell down some stairs because of the presence of suntan lotion on the steps. The plaintiff was Andrew LeCocq, a 67-year-old human factors consultant. The defendant was San Clemente Sportfishing. Plaintiff and his adult son were aboard defendant’s vessel for a half-day fishing trip. Plaintiff alleged that he slipped and fell on suntan lotion while descending stairs on defendant’s sportfishing vessel. Plaintiff further alleged that inadequate handrailing contributed to his slip and fall. On the day of the slip and fall, there were approximately 35 other passengers on board the subject vessel. Yet, there were no witnesses to plaintiff’s alleged accident. Furthermore, all of the passengers were given precautionary warnings that the vessel’s deck surfaces could become slippery throughout the fishing trip. Plaintiff’s adult son boarded the vessel eight months after the accident for the purpose of obtaining test samples of water taken off the subject stairs. The admissibility of these samples was hotly contested. The “step samples” allegedly showed the presence of coconut oil and matched the coconut oil taken off of plaintiff’s shoes.

CLAIMED INJURIES
According to defendant: Full thickness tear rotator cuff injury, resulting in loss of full function in right shoulder; right elbow laceration.

CLAIMED DAMAGES
According to defendant: At least $116,000 loss of earnings (plaintiff failed to produce any income documentation until two weeks prior to trial, at which time he produced timesheets that he prepared himself); in excess of $250,000 for pain and suffering.

SETTLEMENT DISCUSSIONS
According to defendant: Demand $65,000 (CCP§998) just prior to trial. Offer: $20,000 (CCP§998) early in the case, $25,000 (CCP§998) just prior to trial.

EXPERTS
Plaintiff: Charles E. Turnbow, safety engineer, Apple Valley (760) 247-1050. Ronald E. Glousman, orthopedic/sports medicine surgeon, Kerlan-Jobe Medical Group, Los Angeles (31) 665-7200. David Stolk, metallrgist, Richardson, TX. Scott Pavey, Bedford, TX.

Defendant: Kendall S. Wagner, orthopedic surgeon, Fullerton Orthopedic Surgery Medical Group Inc., Fullerton (714) 879-0050. Peter J. Zande, safety engineer, Lake Forest (949) 859-0409. Laura Fuchs-Dolan, CPA, economist, Bruno, Mack & Barclay, San Diego (619) 687-0001. Capt. Bob Janecek, marine consultant surveyor, Dana Point (949) 489-0814. Kathleen E. Loeffler, legal nurse consultant, Carlsbad (760) 729-6954.

COMMENTS
According to defendant: The independent adjusting company was Arnold and Arnold, Inc.; the independent adjuster was Lauralee Meade.