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Maritime Law
Breach of Duty
Personal Injury

Michael Cesar v. F/VS Seattle Enterprise; Alaska Fisheries Corporation and Seattle Enterprises, Inc.

Published: Jun. 9, 1995 | Result Date: Apr. 6, 1995 | Filing Date: Jan. 1, 1900 |

Case number: C940127C –  $71,600

Judge

John Coughenour

Court

USDC Washington


Attorneys

Plaintiff

Timothy Farrell


Defendant

Clayton Ramsey

Helen Arnston


Experts

Plaintiff

David M. Chaplin
(medical)

Defendant

William Thieme
(medical)

Facts

In August of 1993, Plaintiff Michael Cesar, a 40-year-old seaman, slipped and fell on a loose grate onboard the F/VS Seattle Enterprise, a factory trawler in the Bering Sea. The negligence of the Defendants and unseaworthiness of the vessel were stipulated to by both parties, prior to trial.

Settlement Discussions

Plaintiff contends he demanded $100,000 and Defendants offered $20,000. Defendants contend they offered $35,000 (expired on the eve of trial without having been accepted).

Specials in Evidence

$8,000 $10,000 none claimed $5,000

Damages

Pain and suffering; maintenance and cure. Plaintiff also sought punitive damages.

Injuries

Sprained ankle and L4-5 bulging disc requiring traction, bedrest, injections, physical therapy, massage, biokinetics, and possible future surgery.

Other Information

A hearing on the issue of Defendant's motion for JNOV was scheduled for May 26, 1995; the Court granted JNOV as to punitive damages.

Deliberation

5 hours

Poll

unanimous

Length

3 days


#78563

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