$2,017,000 – Crushed Vertebrae
Award Amount: $2,017,000
Location: Boston, Massachusetts
Jones Act – Crushed Vertebrae
Amount of settlement: $2.017 Million
Injuries alleged: Crush C3/C4 Vertebrae, Incomplete Quadriplegia
Name of case: Plaintiff v. AGA Fishing Corp; Capaldi v. F/V GEORGIE J.
Court/case#: U.S. District Court, Boston, Nos. 04-CV-10755, 04-cV-10843
Tried before judge or jury: N/A (settled)
Name of judge: Joseph L. Tauro
Amount of settlement: $2.017 Million
Date: January 2005
Attorneys for plaintiff: Carolyn M. Latti and David F. Anderson, Latti & Anderson LLP Boston
Attorney for defendant: Withheld
On November 25, 2003, the plaintiff was employed as a member of the crew of the F/V GEORGIE J. The crew was hauling back and was in the process of unloading scallops on the boat when a 20-ton block broke free, striking the plaintiff. The plaintiff was scalped and sustained crush injuries to his C3/C4 vertebras rendering him an incomplete quadriplegic.
The plaintiff brought claims of unseaworthiness against the F/V GEORGIE J and the company that owned the vessel. Since the insurance on the F/V GEORGIE J was insufficient to cover the plaintiff’s damages, the plaintiff moved to seize the vessel. The court allowed the seizure and ultimately permitted the auction of the vessel as well. The vessel was sold at auction for $1.7 million.
The case settled for the remainder of the policy, payment of all of the plaintiff’s outstanding medical bills and proceeds from the auction.