This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Jones Act
Slip and Fall

Robert Lapachet v. The Harbor Tug and Barge Company dba The Red and White Fleet

Published: Oct. 23, 1993 | Result Date: Aug. 23, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 944840 –  $0

Judge

Carlos T. Bea

Court

San Francisco Superior


Attorneys

Plaintiff

Thomas Thomas Boyle

Jeffrey Steele


Defendant

Terrence S. Cox


Experts

Plaintiff

Scott F. Dye
(medical)

Albert Milani
(technical)

James Baker
(technical)

Defendant

Ronald Ludy
(technical)

Gregory Waugh
(technical)

David L. Grant
(technical)

Victor A. Prieto
(medical)

Facts

Plaintiff Robert Lapochet, a 35-year-deckhand, alleged that on July 5, 1990, he slipped and fell when he was left alone to resecure the Defendant's vessel, the Royal Knight, after it had been set adrift by vandals during the night, at Pier 9 in San Francisco. The incident was unwitnessed.

Settlement Discussions

Defendant contends they made an offer of $25,000 with indications of more and Plaintiff demanded $175,000 with indications of less.

Injuries

Inflammation of the rotator cuff requiring physical therapy; residual chronic aching and limitation of motion disabling Plaintiff from heavy lifting or climbing.

Deliberation

1.5 hours

Poll

9-2-1 (two abstentions) no negligence, 11-1 no unseaworthiness

Length

10 days


#121847

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390