Facts

On Aug. 15, 2006, plaintiff Randy Wise slipped and fell while exiting the USS Peleliu, a military vessel belonging to defendant United States. Wise, a civilian, was walking down a steel metal ramp, when he slipped and broke his right ankle. While disembarking down the ramp, Mr. Wise was operating a video camera, carrying a seabag in one hand and had a backpack slung over his shoulder. There was no rubber mat on the deck or at the end of the ramp in the awaiting landing craft.

Wise and his wife, plaintiff Jennifer Wise, filed suit alleging negligence.

PLAINTIFFS' CONTENTIONS:
The Wises contended that the United States was negligent in their failure to keep the deck dry or at least place a rubber mat in order to avoid the kind of incident that resulted in Randy Wise's broken ankle. As well, the Wises argued that there were vehicles parked on the deck that leaked oil that mixed with salt water on the steel ramp leading to the landing craft for any departing civilians.

DEFENDANT'S CONTENTIONS:
The United States argued that Mr. Wise was 100 percent contributorily negligent.

Injuries

Randy Wise suffered a broken ankle.

Result

The court found that defendant was 33 percent negligent and that plaintiffs were 67 percent negligent. Plaintiffs were awarded $59,282 (net after deduction).

Other Information

FILING DATE: March 6, 2007.