James Luke v. Matson Navigation Company
Published: Dec. 11, 1999 | Result Date: Jul. 6, 1999 | Filing Date: Jan. 1, 1900 |Case number: NC022569 – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Charles D. Naylor
(Law Offices of Charles D. Naylor)
Defendant
Experts
Plaintiff
Thomas G. Dunn
(medical)
Mitchell S. Stoller
(technical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
David L. Grant
(technical)
Geoffrey M. Miller M.D.
(medical)
Facts
Plaintiff, age 61, was employed aboard defendants vessel, the S.S. Kauai, as a seaman. While launching a life boat under Chief Mate's supervision, the plaintiff prematurely released the tricing pendant and thereby causing the life boat to swing out away from the side of the ship. The plaintiff lost his balance, fell overboard and in the water 60 feet below.
Settlement Discussions
The plaintiff demanded $300,000 before trial and $160,000 during trial. The defendant made a C.C.P. Section 998 offer of $70,000 before trial and $75,000 during trial.
Specials in Evidence
$12,000 (paid by employer) $50,000 $128,000 $5,000
Injuries
The plaintiff suffered disc disruption at L4-5 requiring future fusion with chronic back and leg pain residuals.
Deliberation
one day
Poll
10-2 (in favor of no negligence under Jones Act), 12-0 (in favor of plaintiff that vessel was unseaworthy), 11-1 (in favor of defense, no causation)
Length
seven days
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