Case details

Motorboat owner: Inattentive ferry operator caused crash

SUMMARY

$1546747

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
chin, complex facial lacerations, forehead, fracture, left orbital rim, left proximal fibula, multiligamentous knee injuries, multiple traumatic injuries, patellleft knee, right femoral shaft, skull fracture, third metacarpal right hand, two fractured ribs
FACTS
On Feb. 16, 2013, plaintiff’s decedent Harry Holzhauer, 68, a real estate appraiser, was operating a 22-foot motorboat owned by his friend, David Rhoades, 64, who worked in real estate. As the motorboat was coming out of the Sausalito Channel, heading toward the city of San Francisco, it was struck by the MS San Francisco, a ferry carrying about 500 passengers that was owned by the Golden Gate Bridge Highway & Transportation District. Holzhauer and Rhoades both sustained significant . Rhoades survived, but Holzhauer died an hour later at a hospital. The decedent’s wife, Mary Holzhauer, sued Rhoades and the Golden Gate Bridge Highway & Transportation District. Rhoades subsequently brought a counterclaim against the decedent’s estate and a cross-claim against the Golden Gate Bridge Highway & Transportation District. In addition, the Golden Gate Bridge Highway & Transportation District brought a cross-claim against Rhoades. Counsel for the decedent’s estate and Rhoades contended that there was no warning from the ferry boat as it approached the rear of the motorboat. Counsel also contended that automatic identification system data showed that the ferry made a course and speed change starting about two minutes before the collision and that the captain of the ferry made a two-minute cell phone call at 4:07 p.m., just before the collision at 4:09 p.m. Thus, counsel argued that the transportation district was negligent in its operation and policies and that the captain was on his cell phone shortly before the collision. The estate’s counsel also argued that Rhoades failed to keep a proper lookout and failed to properly supervise the decedent in the operation of Rhoades’ boat. However, Rhoades’ counsel argued that the decedent was solely negligent in the operation of Rhoades’ boat. Counsel for the Golden Gate Bridge Highway & Transportation District contended that the ferry made no course or speed change in the minutes before the collision and that it was transiting on its normal route. Counsel also contended that the ferry captain made a routine operational call, which ended two minutes before the collision, and that the speedboat driven by the decedent and Rhoades came from behind the ferry and turned onto a collision course with the ferry while the decedent and Rhoades were looking in the opposite direction. Thus, counsel argued that that Rhoades failed to keep a proper lookout and failed to properly supervise the decedent in the operation of Rhoades’ boat., Harry Holzhauer sustained multiple traumatic and was subsequently taken to a hospital, where he died an hour later. He was 68 years old, and he was survived by his wife and two sons. The decedent’s wife sought recovery of wrongful death damages. The decedent’s sons, Timothy Holzhauer and Jeffrey Holzhauer, also sought recovery of damages, but under maritime law, their claims are asserted through the decedent’s personal representative, their mother in this case. However, both sons testified about, and the jury was specially requested to consider, their individual claims for loss of society damages. Rhoades sustained a complex comminuted fracture of the right femoral shaft; two fractured ribs; a fracture of the third metacarpal of his right hand; a fracture of the patella of his left knee; a fracture of his left proximal fibula; multiligamentous knee ; a skull fracture of the left orbital rim; complex facial lacerations to the forehead and chin; a right testicular rupture and hematoma; extensive tissue swelling in the anterior, frontal and periorbital regions of brain; and multiple abrasions to the upper and lower extremities. He also suffered acute blood loss and anemia as a result of his . Additionally, shortly after the incident, a tooth that had suffered trauma needed to be removed. Rhoades subsequently spent seven weeks recovering at the hospital and he ultimately underwent surgical repair of the fracture to his right femur, which included the placement of rods, screws and 52 staples. He also had to have his right testicle removed. Rhoades also required physical therapy and medication treatment, which is ongoing. Rhoades’ sought recovery of $419,000 in stipulated past medical costs and $200,000 in future medical costs for his ongoing physical therapy and medication, and possible need for surgery to remove the internal fixation. He also sought recovery of $1,845,692 in past lost earnings and $1,051,868 in future loss of earnings. In addition, Rhoades sought recovery of damages for his past and future pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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