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CONFIDENTIAL

Mar. 14, 1998

Personal Injury (Non-Vehicular)
Negligence
Worksite Accident

Confidential

Settlement –  $387,000

Judge

Franklin D. Burgess

Court

USDC Western WA


Attorneys

Plaintiff

John R. Christensen


Defendant

Bert Markovich


Experts

Plaintiff

Kirk Greiller
(technical)

Facts

On Nov. 22, 1994, plaintiff, a 40-year-old veteran of longshore work in the Port of Tacoma, was injured while releasing the aft mooring lines attached to a 900-foot container ship. During the release procedures, plaintiff and a fellow longshoreman were releasing the aft line from the container ship when a portion of the line remained hooked on the dock bollard. As the longshoreman were attempting to release the line, the ship reeled the line in without notice, trapping plaintiff's two middle fingers between the line and bollard. The plaintiff brought this action against defendant based on negligence and lack of reasonable care in reeling in the aft mooring lines.

Settlement Discussions

The plaintiff made a settlement demand for $__________. The defendant made an offer of $____________.

Specials in Evidence

$30,000 $____________ $____________ $0

Damages

The plaintiff suffered a partial amputation of his middle two fingers, as well as permanent ligament and tendon injuries in the wrist and hand. The plaintiff returned to full-time work in 1996, despite having four surgeries to correct the tendon and ligament damage.

Other Information

The settlement was reached approximately two years after the case was filed. MEDIATION: A five-hour mediation was held before Teresa Wakeen, of Wakeen & Assoc., resulting in the reported settlement.


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