Confidential
Settlement – $67,500Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Facts
Plaintiff David Morgan was working as a deckhand aboard defendant Westcoast Tug & Barge's vessel, the Harbor Cadet. The plaintiff fell after he jumped from the tugboat's bow to a floating platform.
Damages
Under the maritime law doctrine of maintenance and cure, the plaintiff received medical care for his injuries and daily maintenance payments from defendant. The plaintiff alleged pain and suffering in an unspecified amount, past and future lost wages and a diminished work life.
Injuries
The plaintiff's injuries included a herniated cervical disc resulting in cervical fusion surgery and the installation of four screws and two plates on plaintiff's cervical spine; severe pain in the right shoulder related to calcific tendinitis (a condition unrelated to the fall); and surgical repair of the right shoulder.
Result
The case was settled at the early neutral evaluation conference with Magistrate Judge Nita Stormes for $67,500.
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