Confidential
Settlement – $250,000Judge
Court
L.A. Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John T. Knight
(medical)
Tam Nguyen
(medical)
Nga Pham
(technical)
Philip J. Felando
(technical)
Bryan C. Conley
(technical)
Defendant
Pete Dupuy
(technical)
Scott Barrows
(technical)
Mark A. Cohen
(technical)
Jan Null
(technical)
Marie Vien Camerlingo
(technical)
Svein Fougner
(technical)
Robert Freundlich
(medical)
Facts
On Dec. 1, 2002, at 8:30 a.m., the plaintiff, a 35-year-old commercial fisherman, was working on a fishing vessel, a longliner that was fishing for sword fish on the high seas. As he and another crew member were pulling in a 400-pound swordfish, another crew member was pulling the leader up by hand when, without warning, he let go of the line. The line was pulled back rapidly into the ocean and caused a lead swivel to hit the plaintiff's left hand and fracture his index finger. Subsequently, the vessel's captain transferred the plaintiff to another fishing boat where he stayed for two or three days while it fished. The plaintiff was then transferred back to his original vessel where he remained for another two or three days until he was brought back to port in Long Beach. The plaintiff sued the owner of the vessel, the defendant Triple N. Fishery Inc. of Honolulu and alleged negligence under the Jones Act, unseaworthiness under the General Maritime Law, and maintenance and cure.
Settlement Discussions
The case was settled at $250,000. WHAT WERE THE DEMANDS AND OFFERS PRIOR TO SETTLEMENT?
Specials in Evidence
$65,000 (mostly paid by Triple N under the "maintenance and cure" obligation of the General Maritime Law) $500,000
Damages
The plaintiff claimed that he is permanently disabled from gainful employment. Vocational rehabilitation revealed that he is not a candidate for vocational rehabilitation.
Injuries
The plaintiff sustained a comminuted fracture of his left index finger and complex regional pain syndrome.
Other Information
The case was settled for $250,000 at a mediation with retired Judge Norman Gordon.
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