Allum vs. Sulphur Carriers

Lipcon, Margulies, Alsina & Winkleman, P.A


Joseph Patrick Allum vs. Sulphur Carriers, Inc.

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