Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this boating accident lawsuit and its proceedings.)
INJURIES: Jacque Bolie sustained a fractured left hip. He subsequently underwent a hemiarthroplasty on May 8, followed by hospitalization. He also underwent more than a year of physical therapy.
Facts:
On May 7, 2009, plaintiffs Jacque Bolie, 73, retired, and his wife, Ana Bolie, 72, retired, both citizens of France, were on a one-hour tour of San Francisco Bay on the Harbor Princess, operated on the bay by Lew Ramon. During a turn, Jacque Bolie was thrown to the floor and a table in the passenger cabin fell over on top of him. Ana Bolie was also thrown to the floor and saw her husband crushed by the table.
The Bolies sued Ramon for improper operation and failure to warn. They also sued the managing companies for respondeat superior, common carrier liability, inadequate inspection, maintenance and repair.
The plaintiffs claimed the tour boat made a mis-timed and mishandled turn, and as a result, Jacque Bolie, who was sitting on a fixed bench, was thrown to the floor. The plaintiffs alleged that the table that crushed him was unsecured.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
All of the defendants denied any liability and contended that the incident was an act of God and that the plaintiffs knew of the assumption of the risk. They also denied any common carrier status. The defense further argued that Jacque Bolie’s vertigo contributed to his fall.
Jacque Bolie sought recovery for future medical expenses, a second surgery on the left hip and further physical therapy.
Ana Bolie did not claim medical expenses, though she did sustain a bruised left arm. She sought recovery for loss of consortium and emotional distress damages from witnessing the incident.
The defendants opposed application of the collateral source rule, on the theory that French medical insurance benefits are not collateral sources. The court ruled against the defendants on this matter.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.