Facts

Donna Moore worked as chief steward on the Cape Horn, a cargo ship, which the Maritime Administration owned. On Dec. 30, 2008, she was standing on a crate and opening a freezer unit, when the crate slipped. She fell down, and a freezer lid fell on her. Subsequently she filed suit against the United States.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the vessel was not seaworthy, and that Jones Act violations had been committed. She argued that the unit's floor was slick, and did not have rubber matting or stripping. Further, the only way she could reach the freezer unit was by standing on the crate, and she was denied a request to use a stepladder.

DEFENDANT'S CONTENTIONS:
Defendant argued that there were no Jones Act violations, and that plaintiff tried to get items from the unit although she was told she could not. Defendant claimed that plaintiff caused her own injuries.

Settlement Discussions

Plaintiff demanded $350,000 and the defense offered $150,000.

Injuries

Plaintiff suffered cervical disc injury, edema, displaced fracture, glenoid labtrum fracture, labral tear, myelopathy, torn rotator cuff, decompression surgery, and internal fixation.

Result

The judge awarded plaintiff $536,168.54, which included $26,635.18 in prejudgment interest and $3,930.36 in costs.