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O.C. Para-Sailing Firm Ordered to Pay Damages to Client

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TIMES STAFF WRITER

A Superior Court jury has ordered a para-sailing company to pay $100,000 to a 25-year-old man who said his back was permanently injured in a 1991 accident off Dana Point.

The verdict ended a weeklong trial stemming from a personal injury lawsuit filed by Christopher Kiernan, a car salesman from San Juan Capistrano, against Capistrano Beach Parasailing Inc.

The mishap occurred Sept. 7, 1991, when Kiernan was on his first para-sailing outing. Kiernan had been coasting about 200 feet above the ocean when the boat towing him abruptly slowed, causing him to free-fall into the water, according to his lawyer, Steven Zwick.

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While submerged, Kiernan alleged, he was dragged more than 50 feet by the boat, causing permanent nerve damage to his back.

The Orange County Superior Court jury deliberated about 2 1/2 hours before ruling late Wednesday that the driver of the boat, owned and operated by Capistrano Beach Parasailing, acted in a reckless manner and caused Kiernan’s injury, Zwick said. The jury awarded $100,000 to Kiernan for medical expenses and pain and suffering.

“I thought the damages were low, but we’re happy with it,” said Zwick, who initially sought about $325,000.

Attorney Andrew H. Do, who represented the company during the trial, could not be reached for comment Thursday. The company had denied acting with any recklessness and maintained that Kiernan injured his back in another way.

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