| Merchant marine slips aboard tugboat, ruptures disc |
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| Friday, 11 July 2008 07:55 | |||
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Published: July 10, 2008
Plaintiff alleges deck was not skid-proof The plaintiff, a career merchant marine, was flaking line on the deck of a tugboat when the line got hung up and he felt a pop. The plaintiff, whose average yearly wage at the time was less than $47,000, had surgery to repair a ruptured disk and was out of work for approximately one year. The plaintiff alleged that the deck of the tug was worn and lacked non-skid coating, which caused the plaintiff to slip and injure his back when the line hung up. The defendant rebutted that the deck had a non-skid coating and that the plaintiffs injury was not a result of negligence or the tugs lack of seaworthiness. The plaintiff signed a statement immediately following the incident that did not show negligence on the defendants part or lack of seaworthiness of the vessel. The plaintiff was treated with physical therapy before being referred to surgery on his injured disk. He was given an 8 percent disability by his surgeon and was cleared to return to full-time work one year after the incident. A pre-litigation deposition of the plaintiff was conducted, and the defendant agreed to mediation. The case was mediated on March 12, before attorney Arthur P. Skarmeas. The case settled for $315,000 in new money; additionally, the plaintiff received advances from the company in the amount of $42,000, along with $15 per day in maintenance. His medical bills were also paid. Type of action: Admiralty Injuries alleged: Ruptured disk Name of case: Withheld Court/case no.: Withheld Tried before judge or jury: N/A (mediated) Amount of settlement: $315,000 (plus $42,000 in advances from company) Date: March 12, 2008 Attorney: Thomas J. Hunt, Thomas J. Hunt & Associates, New Bedford (for the plaintiff) Detailed Information Date of Verdict or Settlement: 11-Jul-08 www.masslawyersweekly.com
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