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Personal Injury (Non-Vehicular)
Maritime Law
Unseaworthiness

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

James L. Wright

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Charles D. Naylor
(Law Offices of Charles D. Naylor)


Defendant

Wayne D. Louvier

Raymond T. Kaiser


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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