Ramos vs. Coastline Transfer, Inc., et al.
Date: May, 1999;
Result: $ 250,000 recovery
State: Massachusetts
Facts: This Jones Act case arose out of an accident involving a 60-year-old seaman, who was working on a barge owned by the defendant when he sustained a severe crushing injury to his foot due to the negligence of a co-worker in failing to warn him of his intention to loosen lines which secured a hatch cover that the two were ordered to remove. The plaintiff additionally alleged that the defendant negligently failed to provide safe access to the hatch cover to allow removal and replacement in a safe manner.
The subject accident occurred on November 12, 1996, while the plaintiff was in the process of assisting in the removal of very large and heavy hatch covers from the barge. Removal of the hatch covers required the releasing of several lines which contributed to securing the covers. The plaintiff testified that his co- worker failed to warn him that he was loosening the lines and when the plaintiff proceeded to climb up to the hatch cover, it moved on top of his foot, crush three toes. The plaintiff alleged that the defendant was responsible for the negligence of the co- seaman in failing to warn the plaintiff that he was loosening the securing lines, and that the vessel owner was also negligent in failing to provide the plaintiff with safe access to the hatch cover. The plaintiff presented evidence that the majority of vessels with similar hatch covers have incorporated safer methods of gaining access to the covers. The plaintiff was required to undergo surgical amputation of three toes as a result of the incident.
The case settled prior to trial for $ 250,000.
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