Sonya J. Rabbon v. 401 Equity Corp.
Published: Jul. 24, 1999 | Result Date: May 10, 1999 | Filing Date: Jan. 1, 1900 |Case number: C981713SI Verdict – $0
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eugene Galvin
(medical)
David Sears
(technical)
Defendant
Calvin Burke
(technical)
Marjorie Oda
(medical)
Facts
The plaintiff, a 59-year-old woman, was the chief cook aboard defendant's vessel, Overseas Washington. On Dec. 22, 1997, at 7 a.m., while the vessel was enroute from Richmond, California to Valdez, Alaska, she tripped and fell in the vessel's walk-in freezer after catching her left foot in a gap between two aluminum floor grates. The plaintiff continued to work the remaining 12 hours of her work shift and first reported her injury (to her left ankle only) to her boss, the Steward/Baker, at 3 a.m. on the following day by slipping a note under the door of his cabin. She first reported a left hip injury to the vessel's captain two days later. She did not work for four days until she could be examined by a shoreside doctor in Valdez, Alaska on Dec. 26, 1997. Examination found a left ankle sprain resolving and a left hip sprain. X-rays in Valdez, Alaska were negative for fracture and plaintiff was returned to the ship fit-for-duty. She was advised that if her right hip continued to hurt her, she should get off and rest it at the next port of call. She left the vessel in Richmond, Va. The plaintiff brought this action against the defendant based on Jones Act negligence and unseaworthiness.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $ _______. The defendant made a C.C.P. º998 offer of compromise for $ ________.
Specials in Evidence
$55,000 (present value) $30,000 (future hip replacement surgery)
Injuries
The plaintiff sustained hip and ankle fractures. She was treated briefly by Dr. William Montgomery of the San Francisco Orthopedic Surgeons Medical Group who diagnosed an acetabular fracture. The plaintiff's attorney referred her to Dr. Andrew Giovannini of the Mission Orthopedic Medical Group. Dr. Giovannini diagnosed a fractured femoral head of the right hip, aseptic necrosis and cancer. The aseptic nercrosis and cancer were ruled out and the diagnosis of the injured hip was changed to fracture acetabulum. Dr. Giovannini determined that the plaintiff had reached maximum medical improvement as of Dec. 16, 1998. At the time of trial, the plaintiff continued to treat with Dr. Giovannini with physical therapy. Dr. Eugene Galvin, plaintiff's medical expert, examined the plaintiff for the Social Security Department on Oct. 22, 1998. He reviewed four reports from Dr. Giovannini and two reports from Dr. Montgomery. He opined that the plaintiff was disabled from walking more than a few blocks and standing for more than one hour but not see any evidence of a fractured acetabulum. The plaintiff was permanently disabled from returning to work as a seafarer due to the degenerative arthritis in her right hip.
Other Information
The verdict was reached approximately one year and one month after the case was filed. The steward testified that he arranged the grates in the freezer on the date he and plaintiff joined the vessel on Dec. 18, 1997; stores were loaded the following day and some were placed in the vessel's freezer on the floor; the stores were organized the following day while the vessel was at sea; the grates were flush and properly aligned on the date of plaintiff's accident when he saw her coming out of the freezer she was wearing the improper shoes and the Steward reprimanded her for it and she did not report any injury nor did she appear injured. The plaintiff's credibility was at issue. She denied having prior accidents and diseases affecting her lower extremities, lied on her medical history questionnaire when she assigned aboard the ship, and, after her accident, failed to report any unsafe condition in the freezer or with the grates. The ship's master testimony established that the plaintiff would have been fired when the vessel returned to Richmond had she not requested medical attention.
Deliberation
2 hours and 20 minutes
Poll
6-6
Length
five days
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