$2,017,000 – Crushed Vertebrae

Award Amount: $2,017,000

Location: Boston, Massachusetts

Admiralty

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.