David N. Eriksen v. United States of America
Published: Apr. 11, 2009 | Result Date: Jan. 8, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07CV05005(JCS) Settlement – $68,000
Facts
On Oct. 28, 2006, plaintiff David N. Eriksen injured his leg while employed as a seaman aboard the Admiral WM Callaghan, a sea vessel owned by defendant United States of America. According to plaintiff's counsel, Eriksen sustained his injury while he and another seaman were moving a heavy refrigerator down the ship's stairway. He missed approximately one year of work following the injury.
Plaintiff filed a personal injury claim against the United States of America pursuant to the Jones Act, 46 U.S.C. Section 30104, and the general maritime law.
Contentions
PLAINTIFF'S CONTENTIONS:
Eriksen contended that the defendant's vessel was not safely maintained, and that the defendant failed to provide a safe work environment. The factors of liability involving negligence included the absence of proper equipment, failure to train, lack of supervision, failure to inspect, under-manning, unsafe work method, failure in risk analysis, unseaworthy stairway, and negligence of a fellow seaman. The injury caused Eriksen to miss nearly one year of work.
DEFENDANT'S CONTENTIONS:
USA denied all allegations.
Injuries
Eriksen suffered a torn achilles tendon.
Result
Eriksen accepted a settlement of $68,000.
Other Information
FILING DATE: Sept. 27, 2007.
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