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Personal Injury
Babbitt v. Hanover Towing, Inc., 1998 A.M.C. 848 (E.D.N.C. 1998).
We represented the tug owner and Jones Act employer in a personal injury
suit brought by its relief captain against it and terminal operator for
unseaworthiness, Jones Act negligence, and general maritime law negligence
when the relief captain stepped into a motor boat, slipped, and fell while
deploying oil spill boom at the terminal, resulting ultimately in two
knee replacements. The court granted defendants' motion for summary judgment
that there was no liability.
In re F & H Barge Corp., 46 F.Supp.2d 453, 1999 A.M.C. 1772
(E.D. Va. 2000).
We represented tug owner and Jones Act employer in defense of a personal
injury claim brought by tug cook for back injuries suffered when tug bumped
a barge while making up. Discovery suggested that seaman had falsified
USCG application for merchant mariner's document in respect of drug and
possession of firearms convictions, and court required that he sign authorization
to USCG for release of his Merchant Marner's personnel record. The case
was settled on favorable terms prior to trial.
Lawrence v. U.S. and Superior Marine, 972 F.2d 340 (Table, Text
in WESTLAW) unpublished disposition, 1992 WL 190721 (4th Cir. 1992).
Lloyd L. Myers, Jr. v. Trawler Christina Ann, Inc., At Law No.
CL00-1978, Circuit Court for the City of Norfolk.
Represented Owner of scallop dredger in defense of personal injury claim
alleging Jones Act negligence and unseaworthiness in causing deckhand
to be struck by a wave, injuring his lower back. Took the case to trial
in the face of Plaintiff's demand for policy limits, and settled on favorable
terms just prior to closing on the third day of trial.
Denny O'Neal, Inc. v. William Drake, Civil Action No. 4:94cv21,
U.S. District Court, Eastern District of Virginia, Newport News Division.
Filed an interpleader against seaman who deserted the F/V DENNY O'NEAL
and U.S.A., tendering balance of wages into court. Seaman counterclaimed
for Jones Act negligence and unseaworthiness, claiming a herniated disk
which permanently disabled him from working as a deckhand and limited
his wage earning capacity. Following a two and a half day trial, the jury
found he was a deserter, and ordered his wages forfeit. On the counterclaim,
the jury found the Master negligent and the seaman 50% contributorily
negligent, assessing his damages at $7,000.95 and reducing the award to
$3,500.48.
Complaint of F/V Capt. Wool, Inc., 914 F.Supp. 1300 (E.D.Va. 1995).
Represented owner of one of two fishing vessels involved in a collision
at sea. Settled the collision liabilities at 50/50, and presented joint
defense with other vessel owner, to two personal injury claims by crewmen
aboard the F/V CAPT. WOOL. Denied Maintenance & Cure on grounds that
crewmen were fit for duty following care by initial treating physician,
and care rendered by subsequent physician was unnecessary and unreasonable.
Treating physician testified that both claimants suffered permanent back
injuries rendering them not fit to return to sea. Judge Doumar found both
seamen suffered back sprains, were fit to return to duty, and that most
of the diagnostic tests and treatment prescribed by treating physician
were unnecessary. He awarded Trevino damages of $15,879.25 and Charity
damages of $10,300.24 against pre-trial settlement demands of $300,000
and $125,000 respectively.
Fulcher v. C&P Towing Co., Inc., At Law No. 27591-M, Circuit
Court for the City of Chesapeake.
Represented towing company employer in action by seaman for personal injuries
arising out of two separate accidents on different tugs within two days
of one another. Seaman alleged negligence of Master in operating tug after
both Master and seaman had been drinking. Seaman incurred approximately
$50,000 in medical expenses for which owner had denied liability as unnecessary
and unreasonable, and claimed permanent disability preventing further
employment as seaman. Following five day trial, jury awarded $175,000
as against settlement demand of $200,000.
In the Matter of the Complaint of William S. Wells as Owner of the
F/V CAROLINA LADY for Exoneration from or Limitation of Liability,
Civil Action No. 90-1916-N, Eastern District of Virginia - Norfolk Division
Represented owner of the F/V CAROLINA LADY in defending a personal injury
claim by its Master who suffered a compound comminuted fracture of the
wrist when it was crushed between the boat and the scallop dredge. Captain
Araiza claimed total disability from work as a commercial fisherman. He
brought a $2.0 Million suit in state court almost three years after the
accident, and we stayed it pending a limitation proceeding. The Federal
Court held that actual notice of the claim for over two years was not
written notice, and denied Claimant's motion for summary judgment to dismiss
the limitation proceeding. Following the first day of trial the claim
was settled for the vessel's limitation fund.
Braithwaite v. C. V. Scheepv. Onderneming, Civil Action No. 89-781-N,
Eastern District of Virginia - Norfolk Division
Represented owner of the M/V BONTEGRACHT against Longshoreman Braithwaite's
personal injury action claiming total permanent disability. Tried to a
jury before the Honorable J. Calvitt Clarke, Jr., from June 11-15, 1990,
we admitted liability and tried on causation, distinguishing between two
neck injuries; one accident related, the other, congenital. Turned down
a $1.8 million settlement demand; jury returned a Plaintiff's verdict
for $250,000.
Harwood v. Partredereit 15.5.81, 1990 A.M.C. 1384, 1990 WL 14192
(E.D. Va. 1990), related proceeding reversing trial judge on jury instructions
at 944 F.2d 1187, 1992 A.M.C. 372 (4th Cir. 1991).
Represented owner of the Danish flag M/V CAPTAIN MOST in defense of a
personal injury action by Virginia branch pilot Wallace S. Harwood, Jr.
He claimed a torn rotator cuff injury sustained while boarding the CAPTAIN
MOST disabled him as a pilot. Two months before trial, Captain Harwood
retired early, after having worked as a pilot for 2 years following the
accident. We declined a $650,000 settlement demand, and tried to a jury
from March 13-16, 1990. The outcome was a Plaintiff's verdict for $700,000.
The Fourth Circuit reversed and remanded for a new trial, holding that
a compulsory pilot is not a seaman entitled to the warranty of seaworthiness.
Harwood v. Partrederiet af 15.5.81, 1992 A.M.C. 375 (4th Cir. 1991), and
the Supreme Court has denied certiorari. Related proceedings at 1990 A.M.C.
1384 (E.D. Va. 1990).
Bradley v. Cruise International and Holiday Cruises, Inc., At Law
No. L86-2567, and Lintz v. Cruise International and Holiday Cruises, Inc.,
At Law No. L86-2669, Circuit Court for the City of Norfolk
Represented Holiday Cruises, Inc., the general partner owning the harbor
cruise ship NEW SPIRIT in defense of actions brought by Bradley and Lintz
claiming wrongful arrest, malicious prosecution, and personal injuries
arising out of an incident aboard the NEW SPIRIT. After Plaintiffs were
cut off from further drinking, a fight broke out among Plaintiffs and
several of the hotel staff. As assistant counsel to Robert M. Hughes,
tried the case in September, 1987 before the Honorable Moultrie Guerry,
sitting with a jury, and resulted in a mistrial due to a hung jury. Mr.
Hughes later tried the case before Judge Guerry and a new jury, resulting
in a defense verdict.
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