Case details

Plaintiff claimed marina failed to offer safety instructions

SUMMARY

$23218106.66

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
above the knee, amputation, leg
FACTS
On July 24, 2016, plaintiff Manisha Palla, 22, a sales representative, and 12 of her co-workers boarded a 24-foot boat that was rented from Lakeside Marina, in South Lake Tahoe. The marina also rented and charged the group for a passenger tube that could be towed by the boat. Palla had been on a boat four or five prior times, but she had never been tubing. She decided to take a turn in the tube after watching a few of her colleagues take uneventful turns before her. Paul Garcia was operating the boat, which had a propulsion system that consisted of dual counter-rotating propellers located approximately 17 inches from the swim ladder. When Garcia circled around to retrieve Palla, he attempted to shift the boat’s throttle into neutral, but he unknowingly missed neutral and left the boat in “idle reverse.” A member of the group deployed the swim ladder, and Palla swam toward it. When Palla reached for the ladder, her left foot and then right leg contacted the propellers, which drew her right leg into and between the counter-rotating propellers above the knee. She sustained of her legs. Palla sued Garcia; the owner of Lakeside Marina and Action Watersports of Tahoe, LM Sports Inc.; and the corporation used to lease boats to the marina, LT Leasing, Inc. Palla alleged that Garcia was negligent in the operation of the boat. She also alleged that LM Sports and LT Leasing negligently trained her co-workers in how to properly operate the boat. The defendants were entitled to a bench trial on liability under admiralty law, and Palla waived her right to a jury trial on damages. As a result, the matter was bifurcated into two bench trials. Plaintiff’s counsel contended that the marina only gave a brief set of instructions to the two volunteer operators from the group boarding the boat, including showing the operators the boat’s propellers and advising them to turn off the boat when picking up people in the water. Counsel contended that the passengers were not given any instructions relative to tubing or to safely getting into or out of the water. Counsel also contended that the passengers were not shown the ladder or the boat’s propellers. Plaintiff’s counsel argued that LM Sports had a duty to provide safety instructions to the entire group, and not just the operators, about tubing and propeller strikes because it rented them a tube and knew the passengers could be getting into the water. Counsel also argued that LT Leasing was negligent, in that the rental boat was not fit for its particular rental purpose. Specifically, plaintiff’s counsel argued that the boat should have been fitted with low-cost safety devices, such as a propeller guard or ladder interlock device. Defense counsel contended LM Sports had stickers on the boat that instructed its operator, Garcia, to shut the boat off when picking up a tuber from the water and that LM Sports instructed Garcia to never place the boat in reverse if there was somebody in the water. Counsel also contended that LT Leasing was not required to fit the boat with additional safety devices and that LM Sport and LT Leasing had no duty to warn the passengers of anything. Defense counsel argued that Palla and the passengers were negligent, in that they did not listen to instructions, and that the incident was entirely Garcia’s and Palla’s fault. Counsel contended that the marina had a clean safety record and that Garcia was entirely in control of the vessel once the group left the marina. Counsel also argued that the location of the ladder next to the propellers was an open and obvious condition and that Palla was comparatively at fault because she knew or should have known that the propellers were in the back of the boat next to the ladder. Defense counsel argued that Palla assumed the risk of harm and that the assumption of risk doctrine completely barred her recovery. Counsel also argued that, under Admiralty Rules and the Limitation of Liability Act, LM Sports was entitled to limit its liability to the value of the vessel ($9,500) because the vessel owners had no privity or knowledge of the negligent act(s) that caused the injury. Defense counsel further argued that the admiralty law of joint and several liability should not apply in the context of recreational boating., Palla sustained traumatic to her right leg, and lacerations to her left foot and knee. She remained pinned between the propellers until first responders arrived nearly 40 minutes later. Members of the group on the boat took turns pulling Palla up by her life jacket to keep her face out of the water because she would have been submerged otherwise. She was eventually freed by first responders and life-flighted to Renown Medical Center in Reno, Nev., where her right leg was amputated above the knee. Palla now wears a prosthetic for her right leg. Palla claimed that that she will eventually need surgery to the knee of her contralateral leg. She also claimed that she will require future prosthetic needs. In addition, Palla claimed that she suffers from emotional distress as a result of the incident. The parties stipulated to $305,762.03 for Palla’s past medical costs. Palla also sought recovery of $5,031,486 (non-present value) for future medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel argued that Palla failed to mitigate her damages. Specifically, counsel contended that Palla failed to seek appropriate rehabilitative and mental health treatment.
COURT
United States District Court, Eastern District, Sacramento, CA

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