Facts

On Aug. 6, 2008, plaintiff Carl Perry, a longshoreman in the Port of Oakland who was assigned to tie-up the vessel Yang Ming North, placed the eye of the mooring line over the dockside bollard. The vessel's mate heaved on the mooring line and it parted at the back splice and swept across the dock's apron, throwing Perry in the water. Perry brought suit against defendant Yan Ming Marine Transport Corp. (Yang).

PLAINTIFF'S CONTENTIONS:
Perry claimed that Yang Min negligently maintained a defective mooring line, as the mooring line parted because of over use. Also, Perry claimed that the ship's mate was negligent for heaving the line when the dock apron was not clear. Perry argued he was in the water for 40 minutes before crew members with a pilot boat and the fire department responded. He further argued that fellow workers could not reach him because Homeland Security removed all of the dockside ladders.

DEFENDANT'S CONTENTIONS:
Although Yang did not dispute the injuries, it disputed the length of time Perry planned to continue working, arguing instead that he would not have worked much past his current age of 72.

Settlement Discussions

The case settled for $1,825,000.

Specials in Evidence

Perry claimed medical costs of $63,657. Perry claimed he had planned on working eight more years, until he was 80; there were three linemen who were 80 or older. He sought lost earnings of $150,000 a year for the next eight years.

Injuries

Perry claimed he was taken the hospital for hypothermia. He sustained a compound comminuted fracture to his left, non dominant forearm. This was treated with an open reduction-internal fixation. Plate hardware had to be replaced because of osteomyelitis. Perry also claimed stiffness in his shoulder and post-traumatic stress, resulting in his refusal to go back to work.