The Record's Lodi Blog

You might have read that a San Joaquin County jury this week cleared the Acampo-based Parachute Center of liability for a jumper’s injuries that left him temporarily paralyzed. Christian Barton, 33, jumped from one of owner and pilot Bill Dause’s planes in the summer of 2006 at 3,000 feet and struck the plane’s tail upon exit.

Barton’s lawyer argued that Dause was negligent in the accident because he didn’t stabilize the plane and slow down before the jump, nor did he sufficiently warn Barton of the increased risk of hitting the tail from this particular plane. Dause said Barton, an experienced jumper, used a reckless exiting technique and was well aware of all the risks of jumping.

In the end, the jury sided 10-2 with Dause. But apparently the decision was not a slam dunk.

Earlier today, I spoke with 41-year-old Kyle Moutray, also known as Juror No. 2 and the jury foreman.

Jurors deliberated for more than five hours, he said. Moutray ended up changing his vote at the end and siding with the majority, he said. Still, “I can live with the verdict,” he told me.

To reach its verdict, the jury was given a four-page questionnaire. The first question: “Did Bill Dause act so recklessly that his conduct was entirely outside the range of ordinary activity involved in this sport?”

Jurors could not move past Question No. 1 if they answered “no.”

In fact, Moutray said, several jurors believed Dause did act recklessly. But was it “outside the range of ordinary” skydiving? That was the hang up.

The first jury vote was 8-4 siding with Dause. After more discussion, the next vote was 6-6, Moutray said, then 7-5 before the final 10-2.

Deliberating, Moutray said, “was very relaxed, a lot of really good discussion.”

After seven days of testimony from experts, skydivers, Dause and Barton, Moutray said he felt like the blame was not as black and white as jurors were called to decide.

“Both parties have some responsibility in the entire incident,” Moutray said. “I think (Dause) had some responsibility. … I wish there could have been an outcome where we could have done something for Christian.”

Also weighing on jurors’ minds was whether their decision could ripple through the skydiving industry, causing pilots and jumpers to change their practices out of fear of future lawsuits. “We realized what a big scope or impact we could have had on the sport,” Moutray said.

I asked Moutray if he’d ever jumped out of a plane. No, he said, but his grown daughter has. And he’d be open to trying it out.

If he did, “I don’t know that I would do it in Lodi now,” he said. “I probably would do it somewhere else.”