Walchel v. Coronado Marine Ways

GRIFFIN, J. This is an appeal by plaintiff from a judgment against defendant Warren H. Powers, doing business as Coronado Marine Ways, in the sum of $500, on the ground that the damages awarded were grossly inadequate. Plaintiff requests that a new trial be granted on the element of damages only.

Defendant operated a yard wherein boats were towed from the water on cradles by means of a rail and a power-operated cable winch. Just prior to June 4, 1951, plaintiff’s fishing boat (46 ft. in length) was resting on a scaffold on the ways in defendant’s yard, on a day-rental basis. He was painting the name on the stern by standing on a scaffold erected on horses 28 inches high. This scaffolding was not visible from [30]the winch. On June 4, 1951, the owner of defendant company, apparently without warning plaintiff, started the winch and plaintiff fell to the ground but landed on his feet, causing some injury to him.

It appears that on November 4, 1951, about five months later, plaintiff was again involved in a serious automobile accident and sustained severe injuries resulting in a federal court judgment in his favor in the sum of $12,312.94. It also appears that plaintiff, in 1936 or 1937, was involved in an automobile accident which pulled his shoulder loose and necessitated surgery, i.e., bits of muscle were taken from his leg, holes were bored in his shoulder, and the bones were tied together with the muscle; that in 1949, in Detroit, he fell to the floor across a sawhorse while working on a scaffolding plastering a ceiling. He severely injured his back and was seven weeks in the hospital. He then came to California. In 1951, he was treated by a surgeon in Long Beach and fitted with a back brace. While working on his boat on June 4, 1951, he had been wearing this brace three to four days a week. After the fall on that day he saw a Dr. West or a Dr. Carpenter, who examined him. The doctor stated that there were contusions of his shoulders and back but no treatment was given. He was referred to another doctor for physical therapy for some period but did not complete the course of treatments prescribed. In September, 1952, he was hospitalized in Long Beach as a result of a fall on his fishing boat causing his right leg and right hip to swell. He was later sent to a Marine hospital in San Francisco and was not able to walk or stand. He was paralyzed from the waist down and could not raise his arms. He left the hospital on crutches.

The injuries described by plaintiff, as a result of his fall on June 4, 1951, were sickness of the stomach, coughing causing pain in the neck and lower spinal region, contusions on his back and shoulders, headaches, instability of his right leg, dizziness, impairment of hearing, etc., and inability to do heavy work.