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CONFIDENTIAL

Aug. 14, 1999

Personal Injury (Non-Vehicular)
Maritime Law
Jones Act

Confidential

Verdict –  $475,000

Judge

Stuart R. Pollak

Court

San Francisco Superior


Attorneys

Plaintiff

Barry Baskin


Defendant

Wayne F. Emard


Experts

Plaintiff

James B. Stark
(medical)

Derald Seid
(medical)

Mitchell S. Stoller
(technical)

Defendant

Lindsey E. Blenkhorn
(medical)

Richard Hogan
(technical)

Facts

Plaintiff Abdullah Karim, a 58-year-old, was employed as a deck engine utility worker on defendant's vessel. On Feb. 14, 1997, the plaintiff moved a dialectric mat weighing over 100 pounds in the engine room. The plaintiff claimed that when he lifted the mat, he suffered a back injury.

Settlement Discussions

The plaintiff damanded $450,000, which was lowered to $350,000, with an indication of $150,000. The defendant offered $12,500 which was raised to $25,000 at the mandatory settlement conference.

Injuries

The plaintiff suffered an L4-5 herniated disc, causing irritation of the L4-5 nerve, which was verified by a lower extremity radiculopathy. The plaintiff claimed that he was permanently disabled. The defendant expert testified that plaintiff had a bulging disc which was not herniated and was not causing any nerve irritation.

Other Information

The defense verdict pertained to the plaintiff's negligence claim. The plaintiff voluntarily dismissed the unseaworthiness claim during trial.

Deliberation

three hours

Poll

9-3

Length

seven days


#86787

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