Franck v. Polaris E-Z Go Division Of Textron, Inc.

204 Cal. Rptr. 321 (1984)

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Nature of the Case

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Facts

P, 11 years old, was riding on a snowmobile with her friend, Stephanie and Todd Weichers. Todd was driving, and P was seated at the rear of the snowmobile. As the snowmobile went over a bump, P was sucked into the underside of the snowmobile. She fell to the ground and the snowmobile stopped. P was lying on the ground with her right foot lodged in the moving track portion at the rear of the machine. P was in and out of casts and had various surgeries over a period of five years. By the time of trial, she still had a problem with arthritis as a result of the accident. Her condition could get worse as she aged, eventually requiring surgical intervention. P sued for injuries sustained in a snowmobile accident. P sued D, the manufacturer, the drive (Todd Weichers), the owner, (Robert Weichers) and the seller. P settled with the Weichers and the seller. The seller paid $2,500. The Weichers made a structured settlement in gross of $215,000 of which $25,000 was due immediately and the remaining $190,000 from 1983 to 2000. The Weichers’ purchased an annuity contract for $75,000 to insure the payments. P was awarded $300,000 against D. The court was requested by both parties to determine the amount by which the damages award should be reduced pursuant to Code of Civil Procedure section 877, subdivision (a). The judge responded and simply subtracted the gross settlement amount and found D liable for $82.500.