Tobi Johnson v. Silverado Limited Liaiblity Co.
Published: Jul. 26, 2008 | Result Date: Sep. 24, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CV02207(BTM) Settlement – $20,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul Larson
(technical)
Facts
At approximately 7:00 a.m., plaintiff Tobi Johnson, employed as a steward, fell off a ladder while on board defendant Silverado LLC's vessel, the M/Y Silverado.
Witnesses stated that plaintiff had been drinking ashore the night before and that she returned to the vessel intoxicated around 4:30 a.m. Commander Paul Larson, defense expert, recorded the witness statements.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the ladder was not properly secured and pulled away from the deck, which was shown by photographic evidence.
DEFENDANT'S CONTENTIONS:
The defendant claimed that plaintiff was intoxicated at the time of the fall, that she attempted to climb the ladder with her arms full of laundry and was facing the wrong direction as she was stepping down the ladder rungs.
Defendant also denied it owed plaintiff seaman wages as she had abandoned her position and accepted another job without informing her employer.
Settlement Discussions
Plaintiff first demanded $100,000.
Injuries
Plaintiff claimed soft tissue injury to her face, jaw, neck and back.
Result
The parties settled for $20,000.
Other Information
Insurer for defendant: Chubb Insurance.
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