Our Results

Our Verdicts

Sosa vs. M/V Lago Izabal

$25,843,903 was awarded to a 27-year-old Mexican seaman earning $8,224 annually after he received serious burns aboard the defendant's freighter when the engine exploded.

The plaintiff was employed by Defendant Tracey Navigation, a shipping company based in the Cayman Islands, and worked in the position of Oiler aboard the defendant's vessel, monitoring the engine room machines for proper functioning. Three months after plaintiff was hired to work, the vessel's engine exploded as the ship attempted to dock in Texas. Diesel fuel spilled over plaintiff and ignited. He sustained second and third degree burns over 80% of his body, resulting in severe scarring, loss of use of the hands, which are frozen in a claw-like position, vision and hearing impairment, sexual dysfunction, and totally disabling psychiatric injuries. The defendant paid $190,000 for plaintiff's medical expenses prior to trial.

The plaintiff brought suit against the vessel and shipping company under general maritime law alleging that the vessel was rendered unseaworthy by the unsafe condition of the engine. Evidence revealed that on the vessel's last voyage the engine had broken down and caught fire twice. The captain had ordered the ship to sail before requested replacement parts for the engine were procured. The plaintiff contended that the defendant shipping company knew that the ship's engine was not functioning properly and needed repairs and that periodic maintenance of the vessel's machinery had not been performed.

The defendant challenged the court's jurisdiction on the grounds that the Suit involved a Mexican national suing a Grand Cayman corporation whose vessel used Mexico as its homeport. The federal district court rules that U.S. jurisdiction over plaintiff's action is proper. Despite the vessel's registration and the shipping company's claims that it was based in a foreign nation, the court finds that defendant's real base of operations for the management of the vessel was in Houston, Texas: the vessel regularly loaded cargo in Houston; employees salaries were paid through a Houston bank; and 90% of the shareholders of the shipping company were U.S. residents.

The court states that the vessel was unseaworthy due to the explosion of its engine while in normal use. The defendant shipping company, having had knowledge of the vessel's engine problems prior to the commencement of the voyage during which the engine exploded, was held liable for the bench award of $25,843,903 to the plaintiff. $10 million of the award was allocated to plaintiff's pain and suffering, and $10.9 million went toward plaintiff's future annual expenses including round-the-clock nursing care.

Verdict for Plaintiff: $25,843,903.00

Commercial maritime companies have a responsibility to maintain safety aboard their vessels and to protect the rights of their crew members. Maritime laws, including the U.S. federal law known as the Jones Act, offer protections for seamen in the event that an injury or death is suffered as a result of negligent actions committed by either the vessel’s master or fellow crew members. The 33 seafarers working aboard the El Fargo cargo vessel, which was lost at sea after taking on water and experiencing propulsion issues during Hurricane Joaquin, were not sufficiently protected from perils at sea by their employer and were also placed in harm’s way by the ship’s captain, Michael Davidson, who kept sailing despite warnings that the storm would intensify.

Cruise Passenger Sexual Assault Claim

Two passengers celebrating their birthdays were sexually assaulted in their cabin by a steward employed by Defendant. The steward entered Plaintiffs’ cabin while they were taking an afternoon nap. When Plaintiffs woke up, the steward was sexually assaulting them. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Cruise Passenger Sexual Assault Claim

14-year-old girl passenger was raped and sexually assaulted by a bar waiter employed by Defendant. The waiter dragged the girl into the ship's pantry while she was walking alone on an open deck at night. The bar waiter pled guilty to sexual abuse of a minor. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Our Verdicts

Leif Andersen as Personal Representative of the Estate of Kim Andersen vs. Sky Cruises. Ltd.

Duval County Case No.: 87-8892

The plaintiff claimed that the defendant Sky Cruises (also known as Sea Escape) improperly operated its sewage treatment system on board the passenger ship Scandinavian Sky in violation of Coast Guard regulations, so that it produced poisonous gases, hydrogen sulfide, and methane. When the decedent crewmember was ordered to do repair work on the system it resulted in a leak of raw sewage that filled the work area knee high. In addition poison gas caused the crewmember to become unconscious within 10 to 15 seconds and then die. The incident resulted in the death of four crewmembers and injury to three other workers. The cases of the other three crewmembers deaths had been previously settled. This case was the first one to go to a jury.

Based on the foregoing, the plaintiff also claimed that the defendant was reckless with regard to safety in so far as the operation of the sewage system and requested punitive damages. In light of the fact that the seaman was not married and had no children, the Judge limited the available damages to pre-death pain and suffering and punitive damages.

The defendant claimed that the accident was unavoidable. The defendant also claimed that the seaman had disobeyed his orders and that the sewage system was in compliance with Coast Guard regulations. James Best, Marine Engineer and Architect, testified that the sewage, as a result, produced poison gas. Harry Baxley, Marine Surveyor, a Coast Guard investigator for the accident, testified that it violated the applicable Coast Guard regulation. Bonifacio Flores, M.D., medical examiner, testified that the crewmember was conscious for 10 to 15 seconds before death. He also stated that hydrogen sulfide was more deadly than cyanide. Alfred Isaacon, engineer, testified that the sewage system was in compliance with Coast Guard regulations. Vessel Staff Captain, Tommy Isakson, testified that the defendant was very concerned about safety. Vessel First Engineer, Raol Skoqlund, testified that a coast guard inspector had previously informed him that the operation of the sewage system was proper.

Verdict for plaintiff: $6,100,000.00

Cruise Passenger Claim

The Plaintiff, while a passenger aboard Royal Caribbean's vessel, slipped and fell due to a wet substance on the floor. As a result, the Plaintiff suffered a broken hip which required corrective surgery. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Cruise Passenger Claim

The Plaintiff, while a passenger aboard Norwegian Cruise Line's vessel, fell while descending a very inclined ship's gangway. As a result thereof, she suffered injuries to her hip which required surgery and physical therapy. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Settlements

Willie R. Walker vs. Florida Power & Light Company

Willie R. Walker vs. Florida Power & Light Company

Miami-Dade Circuit Court in the 11th Judicial Circuit
Case No. 2008-29760

$4.3 Million Awarded to Injured Longshoreman

The plaintiff worked as a longshoreman at the Port of Miami. On July 31, 2004, he was operating a 167,000-pound top loader when the pavement collapsed under him. Unbeknownst to the plaintiff, he had driven over an underground tunnel being built to carry electrical lines from the port to Fisher Island. In the collapse, the plaintiff, then 49, was tossed inside the driver’s cage 14 feet above the ground. As a result, he suffered injuries to his back which required surgery and left him with a permanent restricted range of motion.

The plaintiff filed a negligence suit against FPL, Danella (general contractor) and Delta Directional (drilling company). The plaintiff maintained that, pursuant to an agreement between FPL and Miami-Dade County (the port owner), FPL was ultimately liable for any accidents that occurred on the construction site. In addition, the plaintiff argued that Danella was liable for failing to keep traffic away from the site and Delta was liable for the negligent drilling.

Verdict for the Plaintiff: $4.39 million. The parties settled for an undisclosed amount.

Cruise Passenger Sexual Assault Claim

The Plaintiff, while a passenger aboard Defendant’s ship, was sexually assaulted by a crewmember employed by Defendant. After dinner service, the Plaintiff was having a drink with the maitre’ D when he sexually assaulted her. As a result of the attack, she was diagnosed with Post Traumatic Stress Disorder. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Cruise Passenger Sexual Assault Claim

The Plaintiff, while a passenger aboard Defendant's ship, was sexually assaulted by a crewmember employed by Defendant. After dinner service, the Plaintiff was having a drink with the maitre' D when he sexually assaulted her. As a result of the attack, she was diagnosed with Post Traumatic Stress Disorder. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Our Verdicts

Benedetto Emanuele Caraffa vs. Carnival Cruise Lines

Benedetto Emanuele Caraffa vs. Carnival Cruise Lines,

Miami-Dade Circuit Court
Case No. 06-00964CA42

$3.6 Million Awarded to Shipboard Electrician for Asbestos Exposure

The plaintiff, a shipboard electrician from Italy, worked aboard Carnival Cruise Line ships from 1985 through 2000 and was diagnosed with lung cancer in 2001. During the earlier part of his career with Carnival, the Plaintiff worked aboard 4 steamships which, according to one of Carnival’s former chief engineers, had asbestos all over the engine room and machine spaces – where the Plaintiff worked daily. Shortly before and after the death of the Plaintiff, an occupational physician and a pathologist opined that the Plaintiff’s cancer was related to asbestos exposure which occurred 10 – 15 years earlier. After his death, the crew member’s estate filed a lawsuit against Carnival for pre-death pain and suffering, and loss of earnings and support to his family as a result of his cancer. The case went to trial after 9 years of hard fought discovery and pre-trial motions and culminated in a 9 day trial, following which the jury deliberated for 3.5 hours and awarded the plaintiff $10.3 million dollars and found that he was 65% comparatively negligent for having smoked over 20 years before his death.

Verdict for the Plaintiff: $3.6 million.

Our Verdicts

Langmead vs. Admiral Cruises, Inc.

Langmead vs. Admiral Cruises,

Dade County Circuit Court
Case No. 89-8830
Judge Gerald Wetherington

Plaintiff, a 38-year-old Canadian singer on the vessel Star Dancer, suffered an eye injury while exercising in the ship's gym, where she was struck by an elastic exercise band. At the second trial of the case (an appellate court reversed a directed verdict for the defendant in the first trial), the plaintiff claimed $700 in lost wages and $235 in medical bills. Plaintiff further asserted that the defendant should have reinstated her maintenance and cure after the doctor recommended three-month follow-up treatments to watch for increased eye pressure, and after plaintiff developed stabbing eye pains several times a week as well as problems 3fl entering dark rooms. An ophthalmologist testified that plaintiff had not reached maximum medical improvement at the time of trial. At the second, punitive damages phase of trial, plaintiff introduced evidence that defendant had net earnings of $106 million in 1993, owned nine ships and employed 6,000 crew members. The jury awarded the plaintiff $3,500,000 in punitive damages.

VERDICT FOR PLAINTIFF: $3,500,965.00

Our Verdicts

Beam vs. Carnival
Miami-Dade Circuit Court in the 11th Judicial Circuit, Case No. 1:15-cv-22103

Passenger Injured in Cruise Water Park



The plaintiff was supervising her children in the water park area of the cruise ship, when she was pushed over from behind, by an adult male passenger who was sliding on his stomach. At the time, she felt pain in her neck, but was not examined aboard the ship. After returning home, the plaintiff discovered that she had suffered a herniated disk in her cervical spine. The implications of this injury led to fusion surgery, transcutaneous nerve stimulation, lasting pain, and loss of mobility. The plaintiff subsequently missed six months of work, incurring significant lost earnings.

The plaintiff filed a suit against Carnival for failure to properly supervise cruise ship passengers at the waterpark. The plaintiff maintained that, the cruise line was negligent in not stationing crewmembers nearby at the time of the incident. She provided further evidence to show that “slipping and sliding” was prohibited and that hers was not the first incident of its kind.

Verdict for the Plaintiff: Confidential

Our Verdicts

Saul Alberto Acosta Varela vs. Dantor Cargo Shipping, Inc., and others

$3,342,440.00 was awarded to a Honduran seaman who was denied adequate medical care after injuring his left foot aboard the vessel.

Acosta is a Honduran seaman who served as the chief engineer aboard the M/V Glory Sky I which was owned and operated by Dantor Cargo Shipping, Inc. and Fofo Transport, Inc. After injuring his left foot while aboard the vessel, Acosta was denied any type of adequate medical attention and, due to previously undiagnosed diabetes, developed a severe ulcer on his foot which became necrotic and ultimately required hospitalization. Following the incident, Acosta was denied his wages aboard the vessel and ultimately given a plane ticket to fly home to Honduras, where he was abandoned by the Defendants. Acosta’s family took him to a national medical facility in Honduras which recommended amputating his left foot. Wanting to do all they could to save his left foot, Acosta’s family took him to a private physician who provided extensive medical treatment to Acosta, ultimately leaving Acosta with a severely deformed left foot.

Acosta sued Dantor, Fofo, and the M/V Glory Sky I, in rem, alleging Jones Act Neglligence, Unseaworthiness, and Failure to Provide Maintenance and Cure.

Following a bench trial before Judge Robert Scola, United States District Court Judge for the Southern District of Florida, he was awarded a verdict of $3,342,440.00, including punitive damages.

Verdict for Plaintiff: $3,342,440.00

Click here to read the Verdict and Order

Crewmembers' Claims for Injuries

Plaintiff was burned while carrying a pan of hot caramelized sugar while employed as a pastry cook on Norwegian Cruise Line's ship. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Seaman's Claim for Injuries

Plaintiff's safety glasses continued to fog up while working aboard a vessel as a QMED Electrician. Despite his request, he was not provided with any anti-fog wipes for his glasses. When Plaintiff used a cargo hold exhaust vent to let the wind dry off the glasses' interior, a piece of metal blew into Plaintiff's right eye and caused a center corneal scar. As a result, he was unable to hold a career as QMED Electrician or any other seagoing position because his vision in the right eye dropped significantly and he had total night blindness. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Our Maritime Lawyers Jason R. Margulies and Michael A. Winkleman Secure Top Admiralty and Maritime Verdict in 2012

Lipcon, Margulies & Winkleman, P.A. is proud to announce that our maritime lawyers Jason R. Margulies and Michael A. Winkleman have secured the top verdict for 2012 in Florida for admiralty and maritime law for the case: William C. Skye v. Maersk Line Limited Corporation, doing business as Maersk Line Limited.

The Daily Business Review, the periodical that ranks and publishes Florida Top Verdicts, reported that the successful $2,362,299 verdict was reached on May 16, 2012, under the Jones Act for the plaintiff, William Skye, a commercial ship crew member who sustained permanent physical injuries onboard a container ship from October, 2000 to May, 2008 due to negligent working conditions imposed by Maersk.
Under maritime law, professional mariners must be afforded a minimum amount of rest while working at sea in order to ensure the safety of both the seafarer and fellow crew members. However, during his eight years of employment as a Chief Mate onboard the commercial vessel, Sealand Pride, Skye was forced to work grueling 15-hour work days with little rest, which caused him to develop a heart condition.

As per the lawsuit, the environment Skye was exposed to failed to meet federal maritime safety standards. Not only did Maersk allow the crew member to work beyond his capability, but the company also failed to provide mechanized aids to assist Skye – and other workers – when carrying or moving heavy equipment, failed to properly train workers, and failed to provide an overall safe working environment. Additionally, Maersk was aware of the conditions onboard the vessel that were causing a hazardous working environment, and failed to correct or minimize them, further contributing to the injuries of the plaintiff.

Because the incidents occurred while the vessel was in navigable waters and because Skye was a seaman who spent the vast majority of his time working onboard the commercial ship, he is protected by the Jones Act, a federal law which protects the best interests and well-being of seafarers by allowing seaman who are injured as a result of the negligence of their employer to sue their employer for damages. Under the Jones Act, a seafarer who has sustained an injury as a result of his employer's failure to provide a safe environment at work may be eligible to recover compensation for his injuries, disability, and lost wages.

Our cruise ship lawyers successfully proved that Maersk acted negligently by overworking Skye to the point where the demands of his position, coupled with the excessive work hours and lack of rest, led the seafarer to suffer from stress, fatigue and heart palpitations. Eventually, the stress took a permanent toll on Skye, causing him to develop an occupational disease (labile hypertension) and physical injuries to his heart, which were revealed during an echocardiogram in 2008 after he signed off the Sealand Pride.

If you were injured at sea, contact us for a free no obligation consultation with one of our experienced maritime lawyers. Let us put our experience to work for you.

Our Verdicts

Sub Title

Tu vs Mt. Sinai,

Miami Dade County Circuit Court
Case # 93-03552
Judge Levine

Plaintiffs Attorneys: Charles R. Lipcon
Defendant's Attorney: Robert Josefsberg and Kathy Ezell

Intentional Interference with Contract: Plaintiff, Vietnamese Medical Doctor was an independent neonatologist who set up the baby nursery at Mt. Sinai Hospital to treat sick babies. Plaintiff claimed that Mt. Sinai hired their own employee neonatologists and then diverted all new patients away from plaintiff to Mt. Sinai's own employees. Plaintiff claimed this violated his privileges with the hospital which constituted a contract. Defendant denied improperly diverting patients and further claimed that plaintiff had voluntarily left the hospital but that under any circumstances, plaintiff's privileges to practice medicine at the hospital expired thereby limiting any possible claim to a few months.

Jury Verdict for Plaintiff: $2,000,000.00

Our Verdicts

Greenberg vs. Mercy Hospital, Inc. Demeritt & Associates, Inc., Fred Demeritt, Maiotto Inc., Carlos Mad, Rafael Araica Carpet's Service, Inc., and Rafael Araica

Greenberg vs. Mercy Hospital,
Dade County Case No: 95-20764
Judge Murray Goldman

PREMISE LIABILITY: Slip and fall on carpet glue. Plaintiff, a cardiovascular surgeon, slipped and fell on carpet glue at Mercy Hospital. Mercy Hospital was having the co-defendant lay carpet. Plaintiff claimed that improper procedures and warnings were used to provide warnings as to the work being performed in a high traffic area. Defendant's claimed that the danger was open and obvious. Plaintiff, 64, male, cardiovascular surgeon, suffered injury to his right knee. DR. CHARLES WEISS, Orthopedic Surgeon, testified that the accident aggravated a pre-existing arthritic condition and that the plaintiff needs a total knee replacement. DR. WEISS testified that the plaintiff is totally disabled from performing surgery as he cannot stand for long periods of time. DR. WEISS testified that the plaintiff has a 40% impairment which predated the accident and a total disability of 53% to the leg which translates to 25% of the body. DR. JEFFREY GELBLUM, Neurologist, testified that the plaintiff has a sensory nerve injury in his ankle that was damaged during the total knee replacement and that it will be permanent causing the plaintiff pain on a constant basis. Defense doctor, DR. THEODORE EVANS, testified that the plaintiff needed a total knee replacement before the accident and that the plaintiff was not disabled from performing surgery. Defense Neurologist, DR. BRUCE KORHMAN testified that the plaintiff's nerve injury was getting better and that the pain could be controlled by medication. DR. KOHRMAN also testified that the plaintiff was not disabled from doing surgery. Plaintiff claimed 2 _ years of lost income and future lost income. Defendant's claimed that the plaintiff was on-going to retire at the age of 55. The plaintiff settled with the defendant Miotto, shortly before trial for the policy limits of $100,000.00. The jury found the defendant MERCY HOSPITAL 20% negligent. Defendant Demeritt 25% negligent. Defendant Araica 30% negligent. Defendant Miotto 0% negligent and the plaintiff 25% comparatively negligent. The jury awarded $56,000.00 for medical expenses; $125,000.00 for pain and suffering, $1,400,000.00 for lost earnings and earning capacity and $20,000.00 for loss of consortium.

Verdict for Plaintiff: $1,601,000.00 (unreduced)

Crewmembers' Claims for Injuries

Plaintiff injured her back upon lifting a full-size bed while working as a cabin stewardess on Defendant, Oceanic Cruises' ship. The pain in Plaintiff's back radiated to her left leg and she was diagnosed with two (2) lumbar disc fractures. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Our Verdicts

Heidi and Alex Moroni vs. Boeing Aircraft Company

Moroni vs. Boeing Aircraft Co. - King County Case No. 86-2-1458-7

AIRCRAFT ACCIDENT: Wrongful death. Plaintiff's husband and son were killed in the Japan Airline crash, when a portion of the tail came off. Plaintiff claimed that the crash occurred due to improper repairs. Defendant Boeing admitted improper repair and liability. Deceased husband was 48 years old, deceased son was 18 years old. DR. ADRIANO MANTELLO, Italian Economist, testified by deposition as to lost wages. DR. LOWELL BARRETT, Seattle Economist, testified as to economic loss.

Verdict for plaintiff: $1,525,000.00

Wrongful Death Claim

Decedent was working as a roofer in the course and scope of his employment with Defendant when he fell from a roof which resulted in his death. Following his death, the job site was inspected by the Occupational Safety and Health Administration of Florida ("OSHA"). OSHA cited Defendant for three "serious" safety violations and one additional violation of the Occupational Safety and Health Act of 1970. These citations are in addition to at least eight (8) other previous OSHA violations to Plaintiff's knowledge. The parties settled for an undisclosed amount at mediation.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Our Verdicts

Popick vs. Louisville Ladder Co.

Popick vs. Louisville Ladder - Ohio, Carroll County Court of Common Pleas No. 15113-80-3

CONSTRUCTION EQUIPMENT: SCAFFOLD: COLLAPSE: BRAIN DAMAGE: LOSS OF CONSORTIUM: $1,500,000 verdict for a 40-year old ironworker for severe injuries sustained in a fall from a scaffold manufactured by defendant.

Plaintiff was standing on the portion of the scaffold extending beyond one of its two support points, known as the cantilever section. The cantilever buckled beneath plaintiff causing him to fall 30 feet to the ground. Plaintiff claimed that the scaffold was inadequately designed to support a person on the cantilever and that defendant have instructed and warned of this danger. Plaintiff suffered fractured ribs, lung damage, significant hearing loss and severe head injuries and brain damage rendering him unable to work. Medical specials, including three brain surgeries totaled $17,000. The award includes $350,000 for plaintiff's loss of consortium.

Verdict for Plaintiff: $1,500,000.00

Seaman's Claim for Injuries

The Plaintiff, a twenty-nine (29) year old seaman employed as a butcher on Defendant, Royal Caribbean’s ship, cut his right index finger while using a machine to cut a large piece of beef. The machine did not have a safety device to protect Plaintiff’s finger from the blade and Defendant failed to provide him with safety cutting gloves. As a result of the dangerous working conditions, the top third of Plaintiff’s right index finger was amputated. Plaintiff was also required to undergo three (3) surgeries and complete physical therapy. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Cruise Passenger Claim

The Plaintiff, while a passenger aboard Carnival's vessel, slipped and fell on a wet floor that was being cleaned. As a result, the Plaintiff suffered aggravation of pre-existing back conditions as well as new injuries to his back. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Settlements

Grynenko vs. Innovative Thinking, Ltd; Trade Sales Chartering, Ltd; and Vessel Castor I

Grynenko vs. Inn. Thinking - United States District Court

Case Number 02-22725-CIV-MOORE

Seaman's action for wrongful death: Grynenko worked as a deck hand on the vessel Castor I, when he was struck in the head by a malfunctioning "Manoverboard Signaling Device" which caused his death. Decedent was a 41 year old male from the Ukraine who earned $496 monthly. He was survived by a wife and two minor children.

Settled: $1,500,000.00

Cruise Passenger Claim

A family on vacation aboard Royal Caribbean's vessel participated in a shore excursion offered by Royal Caribbean. While Plaintiffs and other passengers were on the shore excursion vehicle, the brakes of the vehicle failed and it began careening downward out of control, ultimately striking a building and foliage before coming to a halt. The collision caused Plaintiffs to be thrown about the interior of the vehicle, resulting in physical injury and emotional trauma. The Plaintiffs sued the cruise line, Royal Caribbean, as well as the shore excursion operators, Pirate Duck Adventure. The parties settled for an undisclosed amount.

Settlement Amounts Confidential
*Due to a confidentiality agreement, the name of the plaintiff, the cruise line, and the settlement amount have not been mentioned even though the confidentiality agreements only apply to the amount of the settlement.

Settlements

Dudka Vs. Mulder Holdings, Inc. and Vessel Baltic Meteor

Dudka vs. Mulder Holdings - United States District Court for Southern District of Florida
Case number: 00-2049-Civ-Lenard

Plaintiffs Attorneys: Charles R. Lipcon
Defendants Attorney: Gerhardt A. Schreiber

SEAMAN'S WRONGFUL DEATH: Decedent was 40 years old from the Ukraine. He was working as an electrical engineer for $1600 a month on board the Baltic Meteor. While it was on the Miami River in Miami, Florida, during mooring operations, a cleat under pressure from a mooring cable broke striking the decedent in the head and killing him. He was survived by his wife and 6 year old child.

Case Settled: $1,000,000.00

Clifford Williams vs. Royal Caribbean Cruises - Stateroom attendant was diagnosed with polycystic kidney disease during his employment with cruise line.  Cruise line refused to provide maintenance and cure to seaman for his condition, arguing that the maintenance and cure obligation did not apply to “chronic conditions” such as polycystic kidney disease, for which there is no “cure.”  Following an extensive arbitration on the issue including expert testimony concerning the treatments for polycystic kidney disease, the (retired judge acting as) arbitrator awarded a total of $970,230.00 to the seaman plus obligated the cruise line to provide “all of the maintenance and cure required” for the seaman’s condition, including dialysis.  The arbitration award was confirmed by the United States District Court for the Southern District of Florida and Final Judgment was entered in favor of the seaman.

Our Verdicts

Centeno vs. Gulf Fleet

Centeno vs. Gulf Fleet - United States District Court Case No. 81-4210
Judge Lansing Mitchell

ADMIRALTY-JONES ACT, FAILURE TO ADEQUATELY TREAT: Plaintiff's husband, a forty-four year old seaman from Honduras became ill while working on defendant's vessel. Defendant sent him to a doctor who diagnosed flu. The decedent was then sent home without any further care. When he reached Honduras he was almost in a diabetic coma. About one month later he died. Defendant claims the seaman was sent home in good condition and he died of a problem unrelated to his original illness. DR. CHEVARRIA, who treated the seaman in Honduras testified he would have lived had the original doctor detected and treated the diabetic condition in time. The widow and three minor children survived the seaman. He earned $1,500.00 monthly as a cook.

Verdict for plaintiff: $776,000.00

Settlements

Azzam vs. Northern Trust Bank Of Florida, as Trustee for the Anuar Manuel Azzam Trust, Mowrey Elevator Co., Inc., Mowrey Elevator Service, Inc., and Mowrey Elevator Company of Florida, Inc.

Azzam vs. Northern Trust Bank, Miami Dade County Circuit Court
Case number 01-01413
Judge Cardone

Plaintiffs Attorney: Charles R. Lipcon & Jason Margulies
Defendants Attorneys: William Martin, Martin Goldberg & John S. Andrews

ELEVATOR ACCIDENT: Plaintiff, 53, former housekeeper, lived in a house owned by the Azzam Trust. It had an elevator that was designed, installed and maintained by the various Mowrey entities. Plaintiff was in the elevator when it fell two stories causing plaintiff to suffer fractures to both legs. Plaintiff claimed the defendants failed to properly design, install and service the home elevator. The defendants claimed that the elevator fell because it had not been serviced periodically because the plaintiff did not call for servicing even though reminder cards were left on her door and further that the plaintiff was never home when the servicing company came by to perform the service.

Plaintiff was unemployed at the time of the accident and did not have any lost earnings. Her medical bills totaled approximately $90,000. Dr. Lloyd Moriber assigned a permanent injury rating of 30% to the right foot and ankle, 25% to the left foot which converts to 25% to the body.

Settled: $666,600.00

Our Verdicts

Igac vs. Norwegian Cruise Lines

Igac vs. Norwegian Cruise Lines - Dade County Case No. 96-07571
Judge Alan Postman

The plaintiff, a 29-year-old male waiter from Turkey, was injured during a lifeboat drill on the vessel Starward. The plaintiff was trying to hook a cable to the lifeboat when another crewmember stepped into his position forcing the plaintiff to step backwards to make room. The plaintiff slipped on a slick substance on the lifeboat, causing him to fall backwards out of the lifeboat 7 stories to the water below.

The plaintiff claimed that the defendant should have provided the crew in the lifeboat with safety belts. The defendant claimed that the accident was the plaintiff's fault because he was a passenger in the lifeboat and not supposed to be doing any work and also that the plaintiff stood on the seats, which was prohibited. The plaintiff sustained two fractured vertebrae and several bulging discs as a result of the accident. The defendant claimed that the plaintiff had ongoing back problems for years and that the fractures were not from the accident. The plaintiff also claimed injuries to his elbow and knee.

Dr. Lloyd Moriber, orthopedic surgeon, testified for the plaintiff that he had a 7% disability to the elbow and a 10% disability to the knee of which 50% was preexisting. Dr. Aldo Berti, neurosurgeon, testified that the plaintiff needed to have back surgery to stabilize his back, which would cost approximately $40,000. He also assigned a 20% disability to the back with respect to the fractures. Dr. Gary Lustgarten, neurosurgeon, testified that the plaintiff needed back surgery with respect to his herniated disc and that the surgery should be done in conjunction with Dr. Berti's proposed surgery and that the cost would be around $75,000. The ships doctor testified for the defendant, that the plaintiff did not have any bruising to his back after the accident although he did not muscle spasm. He testified that the plaintiff suffered a back sprain and that x-rays taken soon after the accident did not show any fractures. Dr. Alan Drexler, radiologist, testified that the bone scan taken 3 to 4 weeks after the accident was negative for fractures which indicated that the fractures were old and predated the accident on board the ship. Dr. Ken Fisher, neurologist, examined the plaintiff on behalf of the defendant but was not called as a witness at the trial.

The plaintiff claimed he could not work on board a vessel as a waiter anymore, where he was earning $3000 monthly including tips. In the future, he thought he could work as a hotel receptionist in Turkey for about $250 monthly. The jury found the plaintiff to be 15% comparatively negligent, which did not apply to the maintenance and cure award.

Verdict for the plaintiff: $662,165.00

Settlements

Joseph Patrick Allum vs. Sulphur Carriers, Inc.

Allum vs. Sulphur Carriers - United States District Court for the Southern District of Florida, Tampa Division
Case No. 8:00-CV-411-T-23F

SEAMANS ACTION: The plaintiff was employed as an AB Seaman on the M/V Sulphur Enterprise. At the time of the accident, Plaintiff was thirty-nine years old and earning $2,500 per month. The plaintiff was an American citizen. The Plaintiff claimed he was attempting to lift the gangway of the vessel manually with a hand crank because the gangway motor was not working. The plaintiff claimed while he was attempting to lift the gangway, another crew member pressed the gangway motor button without notifying the plaintiff to see if it would work. The plaintiff further claimed the gangway motor started and his right arm got caught in the hand crank which began spinning rapidly and striking Plaintiff's right arm several times. The incident caused the plaintiff to suffer a severe contusion of the right wrist and forearm resulting in musculoligamentous and neurological injuries of the right wrist and forearm. Plaintiff underwent surgery to correct his injuries. The plaintiff claimed among other things that the defendant failed to provide a gangway motor which worked properly and failed to train crew members to cut power to the gangway when operating the hand crank. The judge ordered non-binding arbitration and the case was arbitrated. After hearing legal arguments from both parties, the arbitrators deliberated and returned a non-binding decision in favor of the Plaintiff for $653,000.00. One week after the non-binding arbitration, the parties settled the case for said amount.

Settled: $653,000.00

Settlements

Morgan vs. American Motors Corporation and U-Haul Inc.

Morgan vs. American Motors - United States District Court Western District of Louisiana
Case No. 81-1539 Section D

PRODUCT LIABILITY-JEEP ROLLOVER WHILE PULLING TRAILER: Plaintiff claimed that she was a passenger in a jeep manufactured by defendant, which rolled over while pulling a defendant U-Haul trailer. Plaintiff claimed that the jeep was unsuitable in design and not suitable to pull a trailer. Defendant claimed that the jeep rolled over while plaintiff and driver friend switched seats while the vehicle was in motion. Plaintiff is a white female, thirty-two years of age. She suffered injuries to her left side, hemiplegia, headaches and dizziness. DR. ROBERT LESSNE, Vocational Rehabilitation specialist computed plaintiff's need for future medical and rehabilitative care to be $2,947,153.00.

Case settled prior to trial: Defendant- U-Haul $100,000.00. Defendant- AMC $500,000.00 cash and a $2,250.00 monthly annuity.

Our Verdicts

Jose Nunez vs. Carnival Cruise Lines, Inc.

Nunez vs. Carnival Cruise Lines - Case No. 91-08593
Judge Roger Silver

The plaintiff, 39 years old, was from the Dominican Republic. He earned $528 monthly as a pantry or buffet worker making appetizers and salads on the vessel. The plaintiff was injured while working on board the defendant's vessel, Mardi Gras, when a stack of plastic boxes called lexons was being pushed and suddenly caught in a crack in the floor resulting in the plaintiff and the stack falling. The plaintiff cut his leg on a cracked or chipped lexon when he fell.

The plaintiff claimed that he should have been provided with a cart or more assistance to move the boxes. The defendant claimed that plaintiff chose an unsafe method of moving the boxes, and that he only scraped his leg. The plaintiff also claimed that he got improper and inadequate medical care since the cut became infected resulting in an aggravation of a preexisting varicose vein problem. The defendant claimed that plaintiff's aggravation lasted nine months at best and that plaintiff's remaining problems was due to the normal progression of venous insufficiency from the varicose veins.

Orthopedist Stephen Ticktin, M.D. testified for the plaintiff that the scrape which became infected aggravated the varicose vein problem and that the infection did not heal as fast due to the underlying varicose vein problem. Dr. Ticktin further testified that plaintiff had a 20% disability and could not work on vessels anymore, but could work on land at a sedentary job. Vascular surgeon, Dr. Sendischew testified by deposition for the plaintiff and the defendant that an aggravation occurred but that it did not permanently affect the preexisting varicose vein problem. Further Dr. Sendischew testified that after one month, of the leg not healing, the plaintiff should have been sent to a vascular specialist. As a result, the plaintiff had a delay in healing of about eight months. Dr. Stewart McIntyre, infectious disease specialist testified for defendant that plaintiff's infection, which resulted in a hospitalization, was not related to the incident and was the result of a virus that causes mono.

The defendant served an offer of judgment in the amount of $20,000. The jury found the defendant to be liable for Jones Act negligence, unseaworthiness and failure to provide prompt, proper, and adequate medical care. The plaintiff was found to be 10% comparatively negligent.

VERDICT FOR PLAINTIFF: $575,000

Settlements

Refugia vs. Royal Caribbeans

Refugia vs. Royal Caribbean - Dade County Case No. 00-26162
Judge Michael Chavies

A 28-year-old Filipino waiter worked aboard the defendant's vessel, Legend of the Seas. While serving lunch aboard the vessel, the plaintiff was required to carry a tray filled with 16 main courses and covers. The size of the tray and the courses blocked his view of what, if anything, was on his waiter's stand. As such, the assistant waiter was supposed to keep the waiter stand clean. When the plaintiff started to put his tray down on the waiter stand, he felt a water glass on the stand. In trying to prevent the water glass from breaking under the weight of the tray and the tray from falling, the plaintiff tried to balance the tray and lift it back up. While doing this, he felt a "pop" in his left wrist.

As a result of ongoing pain in his left wrist, the defendant decided to sign the plaintiff off the ship for further medical treatment. The plaintiff had requested to be sent to Miami (as his brother was living in Florida at the time), however, the defendant denied this request and sent him to the Philippines for medical treatment. The plaintiff underwent surgery with a doctor selected by the defendant in the Philippines. The surgery resulted in the plaintiff not being able to turn his left wrist. The plaintiff then came to Miami, at his own expense, to obtain better medical treatment. In Miami, the defendant provided the plaintiff with a second surgery, which did not improve his condition. A third surgery was recommended by the defendant-selected Miami surgeon, however, the plaintiff was diagnosed with Reflex Sympathetic Dystrophy (RSD) in his left arm subsequent to the first surgery which got worse after the second surgery. It was recommended to the Plaintiff that his RSD condition be controlled, via pain management procedures, prior to undergoing any further surgical procedures.

Case settled prior to trial: $560,000.00

Settlements

Wilson vs. Bender and Franklin Sports Industries, Inc.

Wilson vs. Bender - Case No. 86-2158
Judge Farmer
Court of Common Please Stark County, Ohio

PRODUCTS LIABILITY: Sporting goods. Plaintiff a minor was injured when playing with a Mike Schmidt Batting Tee, which was manufactured by Defendant Franklin Sports Industries, Inc., and owned by Defendant Bender. The batting tee had a ball on the end of the nineteen foot elastic cord which would stretch to approximately 50 feet. One end was anchored to the ground with a u-shaped pin. Plaintiff was pulling on the ball to see how far the elastic cord would stretch when the anchor pulled out of the ground and slingshot hitting the plaintiff in the head. Plaintiff claimed that the anchoring system was dangerous and could have been done differently without a u-shaped pin. Plaintiff claimed that the defendant Bender should have supervised his child playing with the plaintiff in light of the dangerous nature of the batting tee. Defendant Franklin Sports Industries claimed that the plaintiff misused the batting tee because he was using it in an unintended manner. The ball was supposed to be placed on a tee and hit with a bat. Defendant Franklin relied on the finding of the Consumer Product Safety Commission, that there was no substantial product hazard. Defendant Bender claimed he didn't know the batting tee was dangerous and cross-claimed against Defendant Franklin. Plaintiff was seven at the time of the accident. He suffered head injury, because the tee went 3 mm into his brain. Medical bills totaled approximately $12,000.00. Plaintiff was having headaches two or three times a week for ten minutes. He stumbled on occasion due to weakness on his left side. Emotionally he was having trouble adjusting. However in school his work was satisfactory and he could participate in all sports. DR. MORRIS KINAST pediatric neurologist testified that the plaintiff problem was headaches with a good prognosis since they had decreased from daily to two to three times a week. The risk of seizures was 7 to 10% since it was two years post accident there had not been any. DR. ROBERT DEVIES, psychologist, did psychometric testing which demonstrated an attention disorder which he thought would improve. The major problem would be anxiety. DR. RHINGLAS was of the opinion that portion that the plaintiff had a more than 50% change of developing epilepsy in his lifetime, which could be controlled by medication.

Settled during trial: $515,000.00 defendant Franklin. $25,000.00 defendant Bender.

Our Verdicts

Rodriguez vs. Carnival Cruise Lines

Rodriguez vs. Carnival Cruise Lines - Dade County Case No. 83-5216
Judge Hickey

COADMIRALTY-JONES ACT-UNSEAWORTHINESS-FAILURE TO PROVIDE PROMPT TREATMENT: $700,000 jury verdict for impaired vision suffered by a 23-year old Costa Rican seaman. Plaintiff worked in the laundry room of the TSS Festivale. He claimed that he was provided undercooked meat which caused him to be infected by a parasite resulting in light perception only vision in one eye. Defendant claimed the meat was well cooked and that plaintiff was infected with the parasite from birth or prior to working for defendant. Plaintiff also claimed defendant did not provide prompt ophthalmologic medical care for him, resulting in further loss of vision. Defendant claimed that prompt care would have not helped save any of plaintiff's vision, and claimed plaintiff was negligent for eating the food. Plaintiff was a white male, twenty-three years of age from Costa Rica. Drs. H. SAWELSON, S. NAGASWAMI, M. BLIJMEKRANTZ and H. COHEN all testified and agreed that the parasite could be from parasite poorly cooked or raw meat, milk, cats or congenital.

Verdict for plaintiff: Jones Act and Unseaworthiness-$500,000.00. Failure to promptly treat-$200,000.00. Plaintiff was found to be 25% comparatively negligent.

Total Verdict after reduction: $525,000.00

Settlements

Rosania vs. Fitzpatrick

Rosania vs. Fitzpatrick - Dade County Case No. 83-36965
Judge Moore

METRORAIL PROJECT: Plaintiff, an electrician was injured when he attempted to open a door to enter the electrical room of the Vizcaya Station and the door and its frame fell on him. Defendant claimed that the door was not improperly installed and that the plaintiff knew or should have known that it was unstable. Plaintiff, a white Hispanic male, twenty-nine years old injured ligaments of his knee. DR. KEITH KASHUCK indicated a 40% loss of muscle use in his leg. DR. JOSEPH MENSCH testified in deposition that the plaintiff could not work as an electrician anymore and had limitations on prolonged standing and walking. Medical expenses were approximately $26,472.00. Plaintiff's earnings at the time of the accident were $522.00 weekly. His average prior yearly earnings were $10,000.00. Plaintiff's earnings on returning to work were $150.00 weekly.

Case settled prior to trial: $370,000.00. Plus payment of workmen's compensation lien.

Our Verdicts

Schwartz vs. Sacks

Schwartz vs. Sacks - Dade Count Case No. 83-15410
Judge Knuck

PEDESTRIAN KNOCKDOWN: Plaintiff was struck by defendant's van while in a crosswalk. Plaintiff claimed defendant driver was under the influence of drugs. Defendant admitted not seeing plaintiff and hitting him but denied that he was under the influence of drugs. Plaintiff, a sixty-two year old nursing home resident suffered a fractured hip, which required five pins, aggravation of a prior heart condition, headaches, fractured finger and post concussion syndrome. DR. N. TUROFF and DR. R. PRITCHARD both orthopedic physicians, rated plaintiff with a 20% disability. DR. NEIL FRANK, orthopedic, gave plaintiff a 15% disability. DR. ALDO SERAPHIN, nuclear medicine, testified that plaintiff's Lone scan showed evidence of a vascular necrosis. DR. ALAN KUTNER, internal medicine, said heart condition was aggravated. DR. BARRY BAUMEL, neurologist, by deposition, said plaintiff suffered a post concussion syndrome. ROBERT LESSNE, vocational rehabilitation specialist, testified for plaintiff on assistance needed. THOMAS NATIELLO, University of Miami economist, testified for plaintiff on inflation and reduction to nearest value. DR. EDWIN NEAL, court-appointed doctor said plaintiff did not have a vascular necrosis but could develop it in the future. Medical expenses totaled approximately $25,000.00. Insurance paid approximately $18,000.00. Evidence of plaintiff's receipt of disability insurance benefits and social security were also admitted and the jury was instructed to deduct them from the verdict.

Verdict for plaintiff: $350,000.00 compensatory. Verdict for defendant on punitive damages.

Our Verdicts

Charles Emory Olivares vs. Sky Cruises Ltd, and Imperial Ocean Services

Olivares vs. Sky Cruises - Dade County Case No. 88-19660
Judge Jack Turner

ADMIRALTY ACTION: Slip and fall. Plaintiff, a mess man on the defendant's vessel, slipped in vomit and fell down a flight of stairs. Plaintiff claimed the elevator did not work and that he had to use the stairs. Defendant claimed that t1ie accident was unreported and that the plaintiff should have seen the vomit if it was there. In addition, defendant's claimed that the plaintiff could have used another elevator. Plaintiff, 30, male, injured his low back with pain and numbness radiating into his legs. DR. STEPHEN TICKTIN testified plaintiff has a 15-20% disability. Defense doctors, DR. JOSEPH KALBAC (Orthopedic Surgeon), DR. WAYNE TOBIN (Neurologist), and DR. IAN MISSONSON (Neurologist) all testified plaintiff has no disability. CAPTAIN ROBERT F. BARBER, Expert Witness for the plaintiff, testified that the vessel was unsafe and unfit.

Verdict for Plaintiff: $261,250.00 plus penalty of $15,698.29 plus attorney's fees to be determined post trial.

Settlements

Cutler vs The United States of America, Dyn Marine Services, Inc and Dyn Marine Services of Virginia, Inc.

Cutler vs. U.S.A. - U.S. District Court for the Southern District of Florida
Case Number 01-3910-Civ-Jordan

Plaintiffs Attorneys: Charles R. Lipcon, Jason Margulies
Defendants Attorney: Reginald Hayden

Jones Act, Suits In Admiralty, Public Vessel Action: Plaintiff was a 49 year old male assistant engineer working on a U.S. vessel, USNS Pathfinder, which was owned and/or operated by defendants when he had two accidents. In the first accident plaintiff was holding a shore power cable being moved by a crane when the crane jerked causing plaintiffs hand to hit the railing and fracturing his thumb. Defendant claimed the accident did not happen and that the vessel was not in port on the day of the alleged accident so that there was no need for shore power cables. In the second accident, plaintiff injured his back while lifting a heavy motor part. Defendant claimed that this accident did not happen and that there were no records showing repairs to the motor that plaintiff claimed was being repaired at the time of the claimed accident.

Plaintiff earned about $40,000 yearly. Plaintiff had back surgery which defendant claimed was not related to an accident.

Settled: $260,995.00

Settlements

Ennia General Insurance Company, Ltd. vs. Leroy Ferguson and Arlington Ferguson

Ennia Gen Ins vs. Ferguson - Dade County Case No. 83-3142
Judge Spellman

ADMIRALTY INSURANCE COVERAGE: Ennia General Insurance Company, Ltd., brought a Declaratory Judgment Action seeking to be absolved of all liability to defendant, Leroy Ferguson and Arlington Ferguson under a commercial hull insurance policy issued to them and insuring the vessel M/V Commonwealth. Defendants answered and counterclaimed to have the policy declared valid and enforceable, and seeking the agreed value of the vessel, cost, interest, attorney's fees, lost profits and punitive damages. The M/V Commonwealth was a steel hulled diesel powered motor vessel, about 82 feet long, with a beam of 22 feet six inches, and an average draft of six feet. The vessel was purchased in 1976 and was used in the inter-island transport of mail, passengers and limited cargo, under contract to the Ministry of Transport of the Commonwealth of the Bahamas. On October 3, 1983, the M/V Commonwealth took on water and sank, without loss of life. The Ferguson's had no explanation as to what caused the leak. Ennia claimed that in the absence of a known cause for the leak, the vessel's loss was not covered.

Case settled prior to trial: $259,000.00

Our Verdicts

Rivera vs. International Ships Services, Ltd. and Compania de Vapores Realma, S.A.

Rivera vs. Int'l Ships Services - Dade County Case No. 83-32876
Judge Goldman

JONES ACT and UNSEAWORTHINESS: The plaintiff was employed as an assistant pantry man on the M.S. Dolphin. At the time of this accident, he was thirty-four years old and earning $250.00 per month. The plaintiff was a citizen of Honduras. The plaintiff claimed he was injured when he slipped and fell on soup which had been spilled on a ship's stairway. The plaintiff claimed he was carrying a tray with glass shrimp cocktail cups which broke and cut two tendons and nerves on his dominant hand. Surgery was performed by DR. LEVIN at Coral Reef General Hospital. The plaintiff claimed he was rushed, that the ship's elevator did not work, and that he had no safe alternative route. The defendants denied the existence of any spilled soup, and claimed the accident was caused solely by the plaintiff's negligence. The defendants also claimed that even if there was spilled soup on the stairs, the plaintiff had a safe alternative route and that the plaintiff was not rushed. DR. GLATZER testified at trial that from an orthopedic point of view, he found no objective evidence of a permanent disability. DR. S. TICKTIN testified that the plaintiff suffered a 25% permanent disability of his dominant hand. The surgeon DR. LEVIN, not having examined the plaintiff for about three years could not give his opinion as to the plaintiff's current condition.

Verdict for plaintiff: $200,000.00. The defendant International Ships Services, found 65% at fault. The defendant Compania de Vapores Realma, S.A. found to be 35% at fault. The plaintiff was found not to be comparatively negligent.

Our Verdicts

Morales vs. King Ocean Service de Venezuela, S.A.

Morales vs. King Ocean - Dade County Case No. 92-16715
Judge Greenbaum

SEAMAN'S ACTION: Plaintiff was a seaman on the vessel Rio Pacquare when he fell while descending a metal vertical ladder. Plaintiff claimed that the ladder was oily and wet. Also plaintiff claimed that the ladder was not installed to industry standards since it did not have seven inches clearance from the wall where it was attached. Defendant denied these claims. Plaintiff, 44, male, from Costa Rica claimed that he suffered a lower back herniated disc in the fall along with neck, hand and head injuries. DR. GARY LUSTGARTEN, Neurosurgeon, testified for plaintiff that plaintiff suffered a herniated disc from the accident for which he needed surgery. He gave plaintiff a 10% disability. DR. STEVEN TICKTIN, Orthopedist, testified for plaintiff that he saw plaintiff about two months after the accident and that he had lower back complaints. DR. LLOYD ORIBER, Orthopedist, testified for plaintiff that when he saw him he needed a cast for an injury to his tendon in his hand, which would also need therapy. DR. JORGE HERRERA, Neuropsychologist, testified for plaintiff that plaintiff suffered a head injury in the accident which caused headaches. DR. ROWLAND PRITCHARD, Orthopedist, testified for defendant, that plaintiff did not complain about an injury to his back the entire time that he treated him. He gave plaintiff a disability rating of 5-6% for a neck injury. DR. JOSEPH KALBAC, Orthopedist testified for defendant that plaintiff did not have a herniated disc requiring surgery when he saw the plaintiff. DR. LESSOR, Neuropsycholoqist, testified for defendant that plaintiff did not have a head injury and that his test results indicated that he was malingering. Plaintiff had about $35,000.00 in unpaid medical bills. Defendant took the position that the surgery was unnecessary. CAPTAIN ROBERT F. BARBER, U.S. Coast Guard retired, testified for the plaintiff that he was not given a safe place to work and the vessel was unfit. JAMES BEST, Engineer, testified that the ladder was not installed correctly. Defendant was found to have willfully and arbitrarily failed to pay plaintiff's maintenance and cure and awarded $0 punitive damages. Plaintiff will be entitled to an award of attorneys fees based on the verdict with the amount to be determined by the Court.

Verdict for Plaintiff: Negligence and unseaworthiness, $120,000.00 for which plaintiff was found to be 25% comparatively negligent. Maintenance and cure, $55,000.00.

Our Verdicts

Edmundo Rosales vs. National Car Rental

Rosales vs. National Car Rental - Dade County Case # 92-25607
Judge Salmon

AUTOMOBILE ACCIDENT: Plaintiff 49-year-old Honduran with 6th grade education was a passenger in defendant's vehicle when the driver lost control and the vehicle turned over. Defendant claimed the joint enterprise defense based on the driver and five passengers sharing the cost of the car rental and gas. The trial court struck the defense. Plaintiff was a plumber working on a Sea Escape vessel earning $1300 monthly at the time of the accident. He claimed that he could not return to work on a vessel and could work as a shoe repairman in Honduras making $5 daily. Dr. GARY LUSTGARTEN testified that plaintiff, who was pain free after surgery had a 13 to 14% disability based on a operated herniated disc and healed vertebra fracture. He testified that plaintiff could not return to work on a passenger ship but could work on land. Dr. STEPHEN WENDER testified for the defendant that plaintiff had an 11% disability but could return to work on a vessel since plaintiff was pain free after the surgery. Unpaid medical bills totaled $18,280.

The jury returned an itemized verdict as follows: Medical expenses $18,280.94. Past lost earnings $15,600. Future Medical $16,200 for 27 years. Future lost earnings for 16 years $63,850. Past and future pain and suffering $85,750.

Verdict for Plaintiff: $199,680.94

Settlements

Joy Young vs. M/V Federico R in rem and Federico R. Ltd., in personam

Young vs. M/V Federico R - United States District Court, Southern District of Florida
Case No. 84-1596
Judge Hastings

ADMIRALITY: Plaintiff, a twenty-eight year old woman was alleged to have been employed on defendants' yacht as a cook and a mate. She was injured while assisting in docking the vessel when ordered by the captain to place herself in a precarious position on the gunnel of the yacht. She was then ordered to jump, barefoot, onto a concrete dock four feet below. Simultaneous with the order the captain reversed the yacht's engines throwing her jump of f balance. Plaintiff alleged the captain and owner were negligent and that the yacht was unseaworthy. Plaintiff was taken to Cedars Medical Center where a fracture of the left calcaneous was found and she was placed in a cast for one month. Defendants claimed plaintiff was a guest, not an employee, denied she was under the captain's orders and instructions, and asserted she was the sole cause of the accident. DR. STEPHEN TICKTIN, in addition to the fracture, reported a chronic traumatic sprain of the cervical and lumbrosacral spine resulting in an 8-10% permanent residual disability. DR. KEITH KASHUCK found an anatomical and functional disability of 15% of the lower left extremity.

Case settled during trial: $150,000.00

Our Verdicts

Delores De Lucia vs. Metropolitan Dade County

Lucia vs. Metropolitan Dade County - Dade County Case No. 82-1930
Judge Maria Korvick

ASSAULT & BATTERY ON MTA BUS: Plaintiff was a bus passenger when she was struck in the eye by a fellow bus passenger. Plaintiff claimed that she was leaving the bus when she brushed the shoes of the fellow passenger. He started cursing at plaintiff; she apologized and moved to the front of the bus to get off. The assailant then spit at the plaintiff, plaintiff turned to the bus operator for help. The bus driver did not do anything. Approximately a minute later the assailant struck the plaintiff in the eye. Plaintiff, 52-year-old white female, on Social Security Disability benefits, suffered a cracked bone in the orbit of the eye, elevated blood pressure and TMJ syndrome. DR. WILLIAM BURTNER testified that although the plaintiff was overweight to start with, the trauma caused her blood pressure to elevate. DR. WILLIAM SCOTT RUSSELL testified as to prior back and neck injuries from another accident.

VERDICT FOR PLAINTIFF: $125,000.00

Settlements

Daniel W. Coffill vs. Universal Health Management, L.L.C. and International Health Care Consultants, Inc.

Coffill vs. Universal Health - 11th Judicial Circuit In And For Miami-Dade County, Florida
Case. No. 99-15161 CA 13

SEAMAN'S ACTION: The Plaintiff was employed as a Captain aboard the yacht Amora. At the time of the accident, Plaintiff was fifty-two years old and earning $4,800 per month plus benefits. The Plaintiff was an American citizen. The Plaintiff claimed he was attempting to push the vessel away from some pilings in order to slip some fenders in between the vessel and the pilings when he felt a sharp pain in his back. The incident caused the Plaintiff to suffer a herniated disc. The Plaintiff claimed that the owner refused to provide enough crew members to adequately and safely operate and dock the vessel, failed to provide the Plaintiff with a proper safety belt or vest, and failed to provide the Plaintiff with proper instruction with respect to docking, heavy pushing and use of Plaintiff's back. The Defendants claimed that the Plaintiff was comparatively negligent for not using proper procedures to dock the vessel.

Case Settled Prior to Trial: $120,000.00