$307,000 – Torn Bicep And Injury To Musculocataneous Nerve

Award Amount: $307,000

The Plaintiff contended that the Defendant was negligent in failing to provide a safe place to work, that the Defendant was negligent in that the crew members failed to properly slide the lobster trap to the Plaintiff in that they threw it. Throwing the trap was against standard operating procedure and the case settled prior to trial for $307,000.

Admiralty

Jones Act – Torn Bicep

Amount of settlement: $307,000

Injuries alleged: Torn Bicep and Injury to Musculocataneous Nerve

Name of case: Plaintiff v. Cape Ann Harvesters, Inc.

Court/case#: U.S. District Court, District of Massachusetts, No. 03-11096

Tried before judge or jury: N/A (settled)

Amount of settlement: $307,000

Date: December 2004

Attorneys for plaintiff: Carolyn M. Latti, Latti & Anderson LLP, Boston

Attorney for defendant: Withheld

Other useful information

Plaintiff was hired as a relief captain on the F/V HANNAH BODEN, a commercial lobster vessel. On September 30, 2001, the Plaintiff went on the F/V HANNAH BODEN as a crew member to get a feel of the vessel prior to taking it out as captain on the next trip.

At the time of the accident, the Plaintiff and crew were in the process of hauling the lobster traps out of the water. This procedure has the crew members in assembly line formation with each crew member performing a particular task in order to get the lobster traps emptied, re-baited and stacked. The Plaintiff was performing the last step in this process, stacking the traps. His fellow crew members were to slide the traps down a table for him to then grab and stack. Instead of sliding the trap to the Plaintiff, two crew members threw the trap toward the Plaintiff. The trap ricocheted off the hauler and flew through the air. The corner of the lobster trap hit the Plaintiff in the bend of his left arm. The Plaintiff heard a loud pop on impact and felt immediate pain in his arm.

The Plaintiff sustained a torn bicep and an injury to the musculocataneous nerve in his left arm. He underwent numerous surgeries to repair the damage to his arm.

The Plaintiff contended that the Defendant was negligent in failing to provide a safe place to work, that the Defendant was negligent in that the crew members failed to properly slide the lobster trap to the Plaintiff in that they threw it. Throwing the trap was against standard operating procedure. Plaintiff claimed that pushing and pulling the trap too hard and with too much force rendered the vessel unseaworthy. The Defendant claimed that the Plaintiff’s allegation that the trap was thrown at him was based on speculation.

The case settled prior to trial for $307,000.