Rod strikes worker: Failure to warn of dangerous condition: Shoulder injury: Verdict

Law Reporter, May 2003

Keys v. M/V Ming Longevity, U.S. Dist. Ct., E.D. La., No. CV01-2447, Jan. 21, 2003.

Keys, 49, was working as a longshoreman unloading containers off a boat. One of the lashing rods used to keep cargo in place came loose and struck Keys in the shoulder, causing injuries requiring surgery. He incurred medical expenses of approximately $33,000. Formerly a longshoreman earning about $65,000 annually, Keys is unable to return to work in his field.

Keys sued the owner and operator of the vessel under [sec] 905(b) of the Longshore and Harbor Workers' Act, 33 U.S.C. [sec][sec] 901 et seq. Plaintiff alleged that defendants should have known of the dangerous condition and failed to warn longshoremen of it.

A jury awarded plaintiff $472,000.

Plaintiff's experts were Shael Wolfson, economics; Stuart I. Phillips, orthopedics; Monroe Laborde, orthopedics, and Nancy Favaloro, vocational rehabilitation, all of New Orleans, La.

Defendant's expert was Kenneth Boudreaux, economics, New Orleans, La.

Plaintiff's Counsel

*Morton H. Katz, New Orleans, La.

*W. Jared Vincent, New Orleans, La.