Jose Valencia vs. Norwegian Cruise Lines, Inc.
Miami Dade County Circuit Court
Case number 00-7707-CA21
Plaintiffs Attorneys: Charles R. Lipcon and Richard Alsina
Defendants Attorney: James Gassenheimer and Paul Heir
SEAMAN’S CLAIM FOR INJURIES: Plaintiff 45 year old seaman from Costa Rica worked as a busboy on the vessel Norway. Plaintiff was ordered after the midnight buffet to wash glasses in the galley. As plaintiff was picking up a rack of glasses he slipped and fell on a wet galley floor. Plaintiff claimed that washing glasses was not part of his job, that the floor tile was too slippery to be safe, that no one was assigned to keep the floor dry, and that he was not given rubber boots to wear. Defendant claimed that plaintiff caused his own accident. Plaintiff had a back injury with pain into one or both legs on occasion. Two MRI’s were normal for herniated disc. Mylogram was normal for a herniated disc. Discogram was positive for painful L5-S1 annular tear. Electromylogram and Nerve Conduction Studies were positive for the L5-S1 nerve root. Plaintiff’s treating doctor Gary Lustgarten M.D. neurosurgeon felt plaintiff had a 2% disability. Dr. Lloyd Moriber, orthopedist, felt plaintiff had a 4 to 6% disability. Dr. Gaetano Scuderi orthopedist felt plaintiff had no disability. Dr. Rolando Garcia felt plaintiff had a tear in the annulus. Dr. Marc Wilson, ergonomist, tested the galley floor and determined that the tile was dangerously slippery when wet. Unpaid medical expenses of approximately $22,000.
Case Settled: $80,000.00