$3,959
Awarded

U.S. DISTRICT COURTS – SAN DIEGO

Number: 85-2649(B)/85-30-30(B)
Plaintiff Attorney: John A. Marin, San Diego, by Frank S. Clowney, III
Defendant Attorney: Lillick, McHose and Charles, San Diego, by Charles S. LiMandri
Plaintiff Medical: Richard A. Richley M.D. (Orthopedist) San Diego
Defendant Medical: Robert L. Cummings M.D. (Orthopedist) La Jolla
Byron King M.D. (Orthopedist) Encinitas
Plaintiff Expert: Warren E. McElwain (Reconstruction) La Jolla
Defendant Expert: None
Trial Judge: Hon. Rudi M. Brewster

SLIP AND FALL – JONES ACT

March 27, 1985 plaintiff, 30-year-old fisherman-cook from San Diego, was injured when he slipped and fell on the defendant’s boat, which was berthed at the “G” Street Pier in San Diego.

Plaintiff contended that the defendant’s tuna fishing vessel was unseaworthy and/or that the defendant was negligent because the step-down box was missing a step; and that there was grease and oil on the deck, both of which caused him to fall.

Defendant contended that the missing step on the step-down box did not contribute to the accident; and that there was no grease and oil on the deck when the plaintiff fell.

Plaintiff attorney stated that he asked the jury to award $75,000.

Defendant attorney stated that the plaintiff attorney asked the jury to award $130,000.

Jury out one day after a six-day trial.

Injuries: Dr. Richly testified that as a result of the subject accident the plaintiff suffered torn ligaments in his right ankle and required two surgeries; and that the plaintiff would not be fully recovered until August 31, 1987.

Defendant’s doctors testified that the ligaments in the plaintiff’s ankles were repaired in the first surgery; and that the subsequent surgery was not necessary.

Specials: Medical $18,680. Wage Loss $44,342

Settlement talks: Demand $25,000
Offer, according to the plaintiff attorney, $5,000
Offer, according to the defendant attorney, $10,000

Result: PLAINTIFF VERDICT $3,959 (MAINTENANCE AND CURE).
Motion for new trial made by Plaintiff – DENIED. June 11, 1987