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.