Waterfront Operations Verdicts: Richard Summers v. Washington Sand Co.

RICHARD SUMMERS V. WASHINGTON SAND CO.

November 7, 1990

RESULT: Verdict: Returned November 7, 1990, for plaintiff $175,000 with apportionment of fault 30% to plaintiff and 70% to defendant for a net verdict of $122,500; defendant filed a motion for new trial; the parties settled for $122,000 less costs while the motion was pending.

STATE: Missouri

SUMMARY: Fall on deck of barge; plaintiff, about 50 years old at the time, alleged while he was working as a deckhand at Washington Sand, he slipped and fell on the barge deck. Plaintiff claimed there was wet slime, moss or algae, on the deck that caused his fall. Plaintiff's original claim cited two separate incidents of injury, one was due to lifting an object and one was due to a fall; the count concerning the lifting injury was dismissed by directed verdict for defendant during trial. The count concerning the fall proceeded to the jury. Plaintiff alleged defendant was negligent in that there were no rails or other types of safety devices present in the area and defendant did not implement any procedure to keep the deck clean.

Defendant denied negligence and claimed that plaintiff was contributorily negligent since it was plaintiff's duty to keep the deck clean as part of his deckhand job. Further, defendant disputed the severity of plaintiff's alleged injuries in that plaintiff could return to work according to the testimony of plaintiff's treating doctor. Defendant also disputed plaintiff's alleged future wage loss because he was able to return to work. Plaintiff did return to work at defendant's company for about three months then he was laid off.

• Ebanks v. Great lakes Dredge & Dock
• Quinn v. Sonat Marine
• Greenough v. Boston Tow And Transporty Co.
• Richard Summers v. Washington Sand Co.
• Ramos vs. Coastline Transfer, Inc., et al.

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• Dock and Barge Injuries
• Off Shore Construction Injuries
• Waterfront Operations Verdicts

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