Glenda Ross, as guardian ad litem of the minor child of Reginald Ross, deceased; Gloria Ross and Reyanne Ross, individually v. M/V Stuttgart Express Inc.; Hapag Lloyd (America) Inc.; Hapag Lloyd Aktiengesellschaft, and Does 1 through 10, inclusive
Published: Jun. 9, 2012 | Result Date: May 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:2008-cv-03989 Verdict – Defense for Hapag Lloyd
Court
USDC Northern
Attorneys
Plaintiff
Joseph H. Low IV
(Law Firm of Joseph H. Low IV Inc.)
Defendant
John D. Giffin
(Keesal Young & Logan APC)
Samir J. Abdelnour
(Hanson Bridgett LLP)
Experts
Plaintiff
Mitchell S. Stoller
(technical)
Zachary Reynolds
(technical)
Lawrence J. Kashar Ph.D.
(technical)
Defendant
Lawrence Bergin
(technical)
Gordon E. Lakso
(technical)
Warren L. MacQuarrie
(technical)
Mark A. Cohen
(technical)
Facts
On Sept. 24, 2007, Reginald Ross, age 39, was working as a longshoreman at the Port of Oakland when a container aboard the vessel M/V Stuttgart Express struck him.
Gloria Ross and Reyanne Ross sued for wrongful death under section 905(b) of the Longshore and Harbor Workers' Compensation Act.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendants were negligent in turning over the M/V Stuttgart Express for cargo operations at SSA Terminals in the Port of Oakland. Plaintiffs also claimed that defendants breached their duty to intervene in cargo operations to protect Reginald Ross from injury.
DEFENDANTS' CONTENTIONS:
Defendants denied that they were negligent in any manner alleged by plaintiffs. Defendants also alleged that the decedent was negligent in failing to abide by safety rules applicable to longshoremen working aboard container vessels at the Port of Oakland.
Damages
Plaintiffs sought damages of $7 million.
Result
Defense verdict as to Hapag Lloyd (America) Inc. and Hapag Lloyd Aktiengesellschaft.
Other Information
FILING DATE: July 15, 2008.
Deliberation
three hours
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390