CASE RESULTS

Case Results

The following are just some of the case results obtained by the LiMandri & Jonna Firm.

$9,000
Awarded

TD CITATION 1 TD 8TH 10

SETTLEMENT – Boat passenger trips and falls in gap between vessel and boarding ramp

Maritime*Unseaworthiness

Los Angeles County Superior Court

Tiratsuyun v. Pacific Adventure Cruises, Inc., Case No. 03A04856. District (if any): Downtown. Judge: None. Settlement Date: 4/20/04.

Settlement Result: $9,000

Counsel
Plaintiff: Gerald Egbase, Law Offices of Egbase & Associates, Van Nuys
Defendant: Sterling J. Stires, Law Offices of Charles S. LiMandri, Rancho Santa Fe

Facts/Contentions
According to defendant: On July 4, 2003, plaintiff Sirapi Tiratsuyun, age 59, was disembarking from defendant Pacific Adventure Cruises Inc.’s vessel, the M/V Miss Christi, and allegedly stepped in a six-inch gap between the vessel and the boarding ramp. Plaintiff alleged that this caused her to fall and become injured. Plaintiff alleged that the existence of the gap between the vessel and the boarding ramp constituted negligence by defendant.

Defendant contended that plaintiff stepped into the gap because she had turned her head to talk with somebody behind her while walking forward down the ramp. Several witnesses, including a superior court judge, confirmed this. Defendant asserted that the existence of the gap was not negligence and did not render the vessel unseaworthy.

Claimed Injuries
According to defendant: Sprained ankle; sprained/strained knee; traumatic bruises on both legs; injury to right elbow and fingers; lumbar sprain; severe emotional distress and anxiety.

Claimed Damages
According to defendant: In excess of $15,000 medical; special damages; pre-judgment interest and costs. Further, plaintiff sought statutory damages; however, statutory damages did not apply to this case.

Settlement Discussions
Not Reported.

Expert Testimony
Not Reported

Comments
According to defendant: The insurance carrier was Sunderland Marine Mutual Insurance Co. Ltd.

Confidential Amount
Awarded

TD CITATION 39 TD 6TH 4

SETTLEMENT – Deckhand injured in fall from tugboat

Martitime*Miscellaneous

Southern District Federal District Court

Morgan v. Westcoast Tug & Barge, No. 02CV1921HNLS. San Diego. Marilyn L. Huff. Settlement Date: 7/9/03.

Settlement Result: $67,500 According to defendant: Settled at the Early Neutral Evaluation conference with Magistrate Judge Nita Stormes.

Counsel
Plaintiff: Jeffrey M. Winter, Law Offices of Jeffrey M. Winter, San Diego
Defendant: Sterling J. Stires, Law Offices of Charles S. LiMandri, Rancho Santa Fe

Facts/Contentions
According to defendant: A deckhand was injured in a fall from a tugboat onto a floating platform. The plaintiff was David Morgan, a tug vessel deckhand. The defendants were Westcoast Marine Construction, Inc. dba Westcoast Tug and Barge; LMW Investments, Inc.; and M/V Harbor Cadet. Plaintiff was working as a deckhand aboard defendant Westcoast’s vessel, the Harbor Cadet, as a deckhand in training. Plaintiff fell after he jumped from the tugboat’s bow to a floating platform. Plaintiff claimed that the floating platform was listing to one side and that he may have landed on a piece of rope, which he alleged caused or contributed to his accident. Plaintiff executed a written statement within a week of the accident, stating that the accident was caused by “mis-footing” when he landed on the floating platform while hopping off the Harbor Cadet. Plaintiff alleged that he proceeded headfirst into a barge, which caused him further injury. The exact facts and circumstances regarding what tasks were being performed by the Harbor Cadet were in dispute. Plaintiff alleged that the Harbor Cadet was pushing a salvaged vessel and that he jumped from the salvaged vessel to the floating platform. However, the captain and the other deckhand stated that plaintiff jumped from the bow of the tug vessel to the floating platform when the tug vessel was approximately three feet from the floating platform. The vertical distance from the bow of the tug vessel to the floating platform was approximately two feet. The captain of the Harbor Cadet and the other deckhand both stated that the captain gave plaintiff an order to stay on the vessel until the captain gave further instructions.

Claimed Injuries
According to the defendant: Herniated cervical disk, resulting in cervical fusion surgery that included the installation of four screws and two plates on plaintiff’s cervical spine; severe spine; severe pain in right shoulder related to calcific tendonitis (a condition not caused by the subject accident); surgical repair of right shoulder.

Claimed Damages
According to defendant: Pursuant to the doctrine of maintenance and cure, plaintiff received medical care for his injuries and daily “maintenance” payments, both provided by defendants, Plaintiff alleged pain and suffering in an unspecified amount, past and future lost wages, and a diminishment in work life.

Settlement Discussions
Not Reported

Expert Testimony
Not Reported

Comments
According to defendant: Defendants filed a claim under the Limitation of Liability Act (46 USC at § 183, et seq.), which, if successful, would have limited defendants’ liability to the appraised market value of the tug vessel, Harbor Cadet.

The independent insurance adjusting company was Coast Claims, which also provided investigation services.

Confidential Amount
Awarded

SUMMARY: PREMISES SLIP & FALL: WET TILE ENTRYWAY IN HOME – VERDICT: DEFENSE

County: San Diego
State: CA
O’Brien’s Verdictum Juris: 1998-43-21

Plaintiff Attorneys:
Shaun K. Boss (Law Offices of Shaun K. Boss), San Diego (619) 236-1333

Defense Attorneys:
Hugh K. Swift (Law Offices of Charles S. Limandri), Rancho Santa Fe (619) 759-9930

Trial Judge: David J. Danielsen San Diego 7/24/98
Trial Time: 3 Days Deliberation Time: 1 ½ Days

Insurance Company: Century National

Case: Lisa Garrison v. Steven Weller and Cynthia Weller

Facts:
8/13/96: Plaintiff, a 36-year-old self-employed real estate appraiser, went to Defendants’ residence to perform an appraisal. As she walked across a tiled entryway floor, she fell and injured her right knee.
Injuries: Right-knee meniscus tear, soft tissue right shoulder, neck, and back injuries, and headaches. Treatment: Arthroscopic meniscectomy to right knee and physical therapy.
Medical Costs: $20, 978 past, $2,000 future
Other: $852 incidental

Contentions:
Plaintiff claimed Defendants left the floor wet after cleaning for ants. Defendants were negligent because the tile floor was wet, causing her to fall.
Defendants argued they had cleaned the floor several hours before Plaintiff arrived. It had ample time to dry. Plaintiff walked over the tile floor several times before she fell.

Settlement Negotiations:
Offer: 7,500 Demand: 12,500

Verdict:
Defense as to Steven Weller
Nonsuit as to Cynthia Weller
Jury Poll: 12-0

Arbitration:
$22,900 by John E. Petze; Trial de Novo by Defendants.

Note:
Motion for new trial was not made.

Plaintiff Experts:
Leferre, George W. Orthopedic Surgeon San Diego
Friedlander, Melvin L. Safety Engineer San Diego

Defense Experts:
Bells, Carl A. Safety/Human Factors Rancho Santa Fe
Gomez, Mark A. Biomechanical San Diego