Steel plates fall on crew member: Failure to repair plate rack, secure plates: Leg fractures: Connective tissue injuries: Verdict

Law Reporter, Dec 2001

Castro v. SeaRiver Maritime, Inc., U.S. Dist. Ct., D. Mass., No. 99CV11629GAO, May 18,2001.

Castro, 50, was working as an oiler on a tanker. During bad weather, a storage rack in the engine room that held steel plates was damaged and the plates fell out of the rack. After Castro and another crew member finished putting the plates back in the rack, the plates fell on Castro. He suffered a fractured tibia and fibia in his left leg and connective tissue injuries in his left leg and knee. He has undergone internal fixation surgery to place plates and screws in his leg, arthroscopic surgery, and total knee replacement surgery. His medical expenses were covered by the ship's owner. He is unable to return to work. He had been earning approximately $50,000 annually.

Castro sued the owner and operator of the ship under the Jones Act, 46 U.S.C. 688, alleging defendant was negligent because it failed to repair and secure the steel plates once it received notice of the dangerous condition. Plaintiff also claimed defendant used an unsafe design for the rack. Specifically, plaintiff contended that (1) the rods that held the steel plates in the rack were not of sufficient strength to hold the weight of the steel; (2) when the steel plates were in the rack, there was space between the plates and rods, allowing the plates to bang against the rods; and (3) the rods could be removed, which would cause the plates to fall.

Defendant argued that plaintiff was responsible for his injuries because he disobeyed an order not to touch the steel plates and neglected to obtain assistance and instruction from an officer before attempting to put the steel plates back in the rack.

A jury awarded plaintiff about $2.79 million, which was then reduced by 10 percent for contributory negligence. Plaintiff's expert was Stephen Heacox, orthopedics, Wareham, Mass.

Defendant's experts were John M. Siliski, knee replacement, Boston, Mass., and James Dolan, marine surveying, Red Bank, N.J.

Plaintiffs Counsel

*Carolyn M. Latti, Boston, Mass.

*David F. Anderson, Boston, Mass.