Whatever happened with "Drifting Dan?"

[Scott L]

Fascinating bit of news and one I can certainly believe would upset everyone. I find it incredible that the Court would, on its own motion and for the stated reason, declare a mistrial. That, to me, is a classic case of abuse of power.

Anyone want to take bets on whether the judge has an Easter vacation planned?

I will jump on that bet. An unbelievable miscalculation of the time required of the case and a immature decison by the judge. It was within his power to keep the process moving in a timely fashion. I cannot see a case like that consuming more than 2 weeks, tops...How hard could it have been to prove they did no perform an adaquate roll-call...

 

[Scott L]

It would be interesting to hear from a qualified source how the trial was going in terms of the testimony and the effectiveness of the counsel. I still contend the defense attorney team was allowed far too much latitude in time spent with cross examination. It's in the plantiff's interested to pressent a quality case and get out of dodge as they do not work by the hour and they risk aleinating the jury and judge...

 

[DwayneJ]

But it's not! They'll have to do this all over again.

No, they don't have to do it all over again.

 

[fisheater]

No, they don't have to do it all over again.

Only if they settle. But they could have done that the first time.

After a mistrial, the only way to get to verdict is to start over again. New jury. New trial.

 

[Peter Guy]

It's not as simple as just proving "they didn't make a proper head count." You also have to prove the damages which in this case, as I understand it, would include the allegation that 5+ hours of drifting was a significant issue with the skin cancer; that the drifting has caused him significant mental anguish which led to some significant life changes; and so on.

Of course the defense is also going to have medical testimony regarding the cancer and its relation to the time he lived in Florida and perhaps witnesses as to his behavior in Florida. There would also be experts on both sides regarding proper boat procedures and diving procedures.

It also sounds like there was a LOT of time spent on various motions concerning this, that and the other thing which caused the trial to limp along.

I still think the Judge has Easter vacation plans.

 

[Teamcasa]

Just making an assumption here:

After speaking with a lawyer (who practices in OC) about the mistrial, he was really amazed at the decision to call a mistrial but thought it may be some sort of protest the civil trial judges are doing as a result of the budget cuts. A clerk for a Judge in the Pasadena court also told me the Judges were upset as well and have moved most civil trials way down on their calendars.

 

[merxlin]

It would be interesting to hear from a qualified source how the trial was going in terms of the testimony and the effectiveness of the counsel. I still contend the defense attorney team was allowed far too much latitude in time spent with cross examination. It's in the plantiff's interested to pressent a quality case and get out of dodge as they do not work by the hour and they risk aleinating the jury and judge...

Bold added by me- Can I ask what you base your opinion on?

 

[kelemvor]

Does anyone know what ended up happening? I saw Drifting Dan mentioned in an A&I thread and found this... with no resolution at the end. First time I'd heard of it.

 

[merxlin]

Case was settled a few years ago (2010). Cash award to Dan of $1.68MM.

 

[Ken Kurtis]

Case was settled a few years ago (2010). Cash award to Dan of $1.68MM.

Just to be technically clear, not settled but went to a full trial with a jury verdict ruling in Dan's favor. Total award was $2.1M but reduced to $1.68M because jury felt Dan bore some responsibility too.

- Ken