Plaintiff, age 74, claimed the resort was negligent in failing to properly "safety trim" a large pine tree that bordered the ninth fairway and that defendants lack of proper maintenance caused the limb, which weighed approximately 750 pounds, to fall with little prior warning.

Plaintiff's Medical Expert Witnesses:
Wayne Akeson, M.D., Orthopedics, UCSD Medical School, La Jolla, CA (619) 552-8585
Richard Hall, M.D., Urology, La Jolla, CA (619) 458-0099

Defendant's Medical Expert Witnesses:
William Bowman, M.D., Orthopedics, San Diego, CA (619) 299-8500
Danny Keiller, M.D., Urology, San Diego, CA (619) 299-0670

Plaintiff's Technical Expert Witnesses:
John Sevier Arborist 7000 Lomitas Rd., Atascadero, CA (805) 461-5151

Defendant Insurance: Insurance Company of the West

Date, Time and Place of Incident(s): August 29, 1995, 11:00 a.m., Oaks North Golf Course, Rancho Bernardo, CA

Facts and Background:  
Plaintiff Stanley Kurash was struck by a falling pine limb on a windless day while playing golf at the defendants resort. He suffered a broken nose and rib and contusions to his coccyx and shoulder.

Plaintiff's Contentions, Allegations:
Plaintiff, age 74, claimed the resort was negligent in failing to properly safety trim a large pine tree that bordered the ninth fairway and that defendants lack of proper maintenance caused the limb, which weighed approximately 750 pounds, to fall with little prior warning. Plaintiff had a ten year medical history of complaints of mild erectile dysfunction related to decreased frequency. As a result of the total sexual abstinence during the 4-5 month recuperation period related to rib and low back injuries, plaintiffs dysfunction progressed to significant. After the accident, plaintiff was only able to reach coitus with his wife of 53 years after painful injections or suppositories. Approximately three months following the accident, Mr. Kurash first noticed pain in his left shoulder on full-range rotation. Two months later, plaintiff further injured his shoulder playing golf. All experts agreed he had a fully torn rotator cuff as of 10/96. Plaintiff related the initial partia

Injuries and/or Damages:
Broken nose, fractured rib; bruised coccyx; partially torn rotator cuff and increased erectile dysfunction

Defense:
Liability. The defendant claimed the tree and limb were intentionally maintained full to serve as a safety screen against balls from the adjoining driving range. Adequate inspection was made of the area which resulted in no notice to them of any risk to plaintiff. The accident was caused, most likely, by an Act of God. Mr. Kurashs erectile dysfunction pre-existed the accident. His advancing age was the only other substantial factor in causing the increased dysfunction, if any existed. In addition, plaintiffs rotator cuff tear was chronic and pre-existed the accident. Plaintiffs first documented complaints of left shoulder pain (10/95) were too remote in time to be related to the 8/29/95 accident

Notes:
Defense argued that evidence of safety trimming done post-accident was subsequent remedial repair and should be excluded. At trial, defendant claimed they intentionally left the trees fuller.Subsequent safety trimming invoice was admitted for impeachment.Jury view requested by plaintiff. Defendant agreed. During view, large limb broke and fell within 50 of jury.

Specials: Past Medical: $6,500.00

Demand:
MSC: $500,000.00. At trial plaintiffs attorney asked the jury to award $175,000 to Mr. Kurash and $100,000 to Mrs. Kurash for her loss of consortium

Verdict or Award: Stanley Kurash - $55,000.00; Naomi Kurash - $5,000.00

Other Verdict Details: CJ Resorts found 100% negligent

Length of Trial: Five Days

Jury: Deliberated three hours

Jury Polled: 12-0

Attorney for client: Mickey McGuire & Leo Bartolotta

Attorney for defendant: Peter Q. Ezzell, Haight, Brown & Bonesteel; James Ashworth, Austin & Cannon

Individual Defendants:
Plaintiff, age 74, claimed the resort was negligent in failing to properly "safety trim" a large pine tree that bordered the ninth fairway and that defendants lack of proper maintenance caused the limb, which weighed approximately 750 pounds, to fall with little prior warning.