Facts

Beginning Feb. 8, 1987 until the present, plaintiff Mack Shelby, currently 57-years-old, has worked as a seaman for SeaRiver Maritime Inc., formerly Exxon Shipping Co. Shelby asserted that during this period, he suffered over exposure to airborne hydrocarbons, including Benzene, while eating, sleeping, cleaning bilges and parts, dispersing hydrocarbons, carrying cargo, utilizing solvents, cleaning oil spills, and taking grease off of equipment. All exposure occurred aboard ship. As a result of this exposure, Shelby claimed he developed cancer.

PLAINTIFF'S CONTENTIONS:
Shelby filed an action against SeaRiver Maritime Co. alleging violations of the Jones Act for maintaining unseaworthy vessels and negligence for failure to provide a safe work place by not affording preventive respiratory measures, proper instructions and warnings of risks associated with exposure to benzene, as well as a lack of medical monitoring.

DEFENDANT'S CONTENTIONS:
The defendant asserted that air monitoring evidenced that any exposure was of little consequence and that exposure increased above average only during short spans in the 40-hour work schedule. However, no evidence existed to show that Shelby was exposed to even the average amount during the 40 hour week. The defendant also alleged that its suggestion to use a respirator referred to equipment developed in 1992, after Shelby had left this field of work.

Settlement Discussions

A demand of $400,000 was made and an offer of $20,000 given.

Damages

Shelby demanded $9,000,000 in final argument. Defense countered that Shelby had plans to return to work and that he had received medical approval to do so. Defense also claimed that Shelby never suffered a loss of income. The defense also contended that no evidence was shown to prove that Shelby currently suffers pain or medical problems, as there have been no signs of cancer for over five years.

Injuries

Shelby's diagnosis indicated he suffered from cancer in his right kidney, which had to be removed in August 2003. Shelby also asserted that his low white and red blood cell count was caused by damage to his hematological system. He has been in remission for five years but future annual checkups are required.

Result

A verdict for the plaintiff and against defendant, awarding $8 million to Shelby. The jury found that SeaRiver Maritime did negligently fail to maintain a reasonably safe place to work and that its vessels were unseaworthy. Shelby's award consisted of $350,000 in lost future earnings, $1,125,000 in past pain and suffering, and $6,525,000 in future pain, suffering, and loss of enjoyment of life.