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