A $6,687,192.00 jury verdict. An unsual case where a movie stuntman and SEAL team candidate was struck and maimed by a boat's propellor when the owner of the boat ignored or did not see the diver's flourescent bouy. Our client suffered massive, career ending head injuries. Partner Kevin Quinn was awarded an Outstanding Trial Lawyer Award by the Consumer Attorneys of San Diego for his victory on behalf of Mr. Roberts.

Plaintiff's Medical Expert Witnesses:
James S. Grisolia, M.D., 4033 Third Avenue, Suite 410, San Diego, CA 92103
S. Hoi U, M.D. (Neurosurgeon) UCSD Medical Center Clinical Teaching Facility
212 Dickinson Street Building B, Room 303 San Diego, CA 92103
Angela Drake, Ph.D. (Neuropsychologist) Neurosciences/DVBIC Department, Naval Medical Center
34800 Bob Wilson Drive, Suite 201 San Diego, CA 92134-3201

Defendant's Medical Expert Witnesses:
Philip Stenquist, Ph.D. (Neuropsychologist), 6230 Wilshire Boulevard #37, Los Angeles, CA 90048

Plaintiff's Techical Expert Witnesses:
Alison Osinski, Ph.D., Aquatic Consulting Services, 4909 Orchard Avenue, #104 San Diego, CA 92107
Mr. James Stewart (Chief Dive Officer), University of California, San Diego Scripps Institution of Oceanography,
La Jolla, CA 92093-0210
Robert B. Hall, Ph.D., Rehabilitation Consultants, 8580 La Mesa Boulevard, #101 La Mesa, CA 91941
Doreen Casuto, RN, MRA, CRRN, CCM Rehabilitation Care Coordination
7851 Mission Center Court, Suite 103 San Diego, CA 92108
Roberta Spoon, CPA Brodshatzer, Wallace, Spoon & Yip 555 West Beech Street, Suite 400 San Diego, CA 92101

Defendant Insurance: Allstate Insurance Company

Date, Time and Place of Incident(s): August 8, 2002, Bird Rock, La Jolla, CA

Facts and Background:  
On August 10, 2002, defendant DARIN LEE COUNCIL was racing in his 2002 Eliminator Daytona speedboat along the coast of Bird Rock when he struck plaintiff JOEL M. ROBERTS as he was freediving (breath hold diving) in the ocean.

Plaintiff's Contentions, Allegations:
Defendant was negligent in the operation of his speedboat due to his unfamiliarity with the area; his inexperience in the use of the particular type of boat; his traveling at an excessive rate of speed; and his failure to keep a proper lookout, which if done, would have allowed him to see plaintiff and/or his diving buddy and/or the large florescent orange flotation device which would alert potential boaters of his presence in the water.

Injuries and/or Damages:
As a direct result of being run over by defendant's speedboat, plaintiff sustained serious injuries, including, but not limited to, an open skull fracture; an epidural hematoma; traumatic brain injury; neuro cognitive deficits; hearing loss in his left ear; fractured scapula; fractured ribs; and a collapsed lung and multiple lacerations.

Defense:
Defendant contended he acted reasonably in the operation of his speedboat. Defendant further contended that plaintiff was at fault for his injuries by not using a "dive flag" to signify his presence in the ocean.

Notes:
Plaintiff was a movie stuntman and USN Parachute rigger and SEAL Team candidate/

Specials:
Past economic loss, $93,749.00
Future economic loss including lost earnings, etc. $3,093,443.00
Past non-economic loss including pain and suffering: $1,000,000.00
Future non-economic loss including pain and suffering: $2,500,000.00

Offer: 998 offer of $10,000.00

Verdict or Award: $6,687,192.00

Other Verdict Details: CJ Resorts found 100% negligent

Length of Trial: Five Days

Jury: Deliberated three hours

Jury Polled: 12-0

Attorney for client: Kevin Quinn, Esq.

Attorney for defendant: Douglas F. Walters, Walters and Caietti

Individual Defendants:
A $6,687,192.00 jury verdict. An unsual case where a movie stuntman and SEAL team candidate was struck and maimed by a boat's propellor when the owner of the boat ignored or did not see the diver's flourescent bouy. Our client suffered massive, career ending head injuries. Partner Kevin Quinn was awarded an Outstanding Trial Lawyer Award by the Consumer Attorneys of San Diego for his victory on behalf of Mr. Roberts.