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CONFIDENTIAL

Jul. 5, 1994

Maritime Law
Dangerous Condition
Negligence

Confidential

Settlement –  $82,409

Court

Snohomish Superior


Attorneys

Plaintiff

David M. Beninger

Malcolm McLeod


Defendant

Donald P. Marinkovich

Katherine Fletcher


Experts

Plaintiff

Lowell Bassett
(technical)

Chris Vance
(medical)

Kent Schaffer
(technical)

Steven J. Wolf
(technical)

Defendant

Ken Heilbrunn
(medical)

Ivar Birkeland
(medical)

David R. Knowles
(technical)

William Skilling
(technical)

Facts

On December 4, 1991, Plaintiff was a 40-year-old processor aboard a large fishing vessel. He was removing pans of frozen fish from the plate freezers for breaking and bagging. After he had taken hold of a pan and was turning it to place in the breaking tank, a second pan was pushed through by his supervisor; it fell hitting Plaintiff's foot. These pans weigh approximately 50-60 pounds.

Settlement Discussions

Plaintiff contends he demanded $75,000 and Defendants offered $30,000.

Specials in Evidence

$2,900 $75,000 (per Plaintiff) $0 (per Defendants)

Injuries

Fractured foot bone requiring closed reduction and resulting in the development of a neuroma requiring surgical removal.

Other Information

A prior arbitrator recommended $74,000 plus prejudgment interest and no comparative fault.


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