On July 21, 2018, plaintiff Corneliu Firtat, 49, a network and systems administrator, paraglided at the Andy Jackson Airpark, in San Bernardino. While Firtat was soaring toward the landing zone in calm, smooth air, his paraglider was struck by a paraglider operated by Peter Pivka. Firtat’s paraglider collapsed, and he plummeted about 100 feet. He landed on the ground, and he suffered an injury of his back. Firtat sued Pivka. The lawsuit alleged the Pivka was reckless and grossly negligent in the operation of his paraglider. Plaintiff’s counsel claimed that Pivka was gliding directly behind Firtat. Witnesses claimed that Firtat was clearly visible and that Pivka deliberately piloted his paraglider too close to Firtat. Firtat’s paragliding and aircraft-collision experts agreed that the witnesses’ accounts were accurate. Defense counsel argued that Pivka had to be flying above Firtat, since Pivka and the defense’s paragliding and accident-reconstruction experts testified that there was a sun angle that cast Pivka’s shadow onto the top of Firtat’s glider. Defense counsel argued that Firtat caused the accident by failing to see Pivka and flying into Pivka’s blind spot. Defense counsel also argued that Firtat assumed the risk of paragliding’s dangers and that Firtat signed a waiver that released Pivka., Firtat suffered a burst fracture of his L1 vertebra. He was transported to Loma Linda University Medical Center, in Loma Linda. He required surgical fusion of his spine’s T11-12, T12-L1, L1-2 and L2-3 levels. Firtat claimed that he can still work, walk and hike, but that he suffers pain that necessitates breaks during any significant physical activity. He claimed that he would require further spinal fusion and that he would miss years of work because of his injury. The parties stipulated that Firtat’s past medical expenses totaled $219,241.41. Firtat sought recovery of that amount, future medical expenses, damages for past and future loss of earnings, and damages for past and future pain and suffering. His wife presented a derivative claim, but her claim was discontinued.
