Employee injured while moving boxes: Negligent training: Inadequate medical care: Herniated disk: Verdict

Law Reporter, May 2003

Recent Cases

Ammann v. Silversea Cruises Ltd., Fla., Miami-Dade County Cir. Ct., No. 00-12892, Sept. 20, 2002.

Ammann, 48, was employed on a cruise ship as director of housekeeping. When she found that several boxes had been left in her office, blocking her path, she tried to move them and injured her back. Ammann suffered a herniated disk at L4-5 and permanent nerve damage in her lower back. She underwent two surgeries. Her past medical expenses totaled approximately $40,000 and her future medical expenses are estimated at $150,000. Ammann had earned about $32,000 for eight months' work. She has attempted to return to work, but has been physically unable to do so.

Ammann sued the cruise ship owner, alleging negligence in leaving the boxes in her office, in not properly training employees how to move heavy loads, and in having inadequate medical care on the vessel. Defendant argued that plaintiff had a preexisting back injury and that she waited over a week to report the incident.

A jury awarded approximately $4.23 million, including $3.5 million for pain and suffering.

Plaintiff's experts were Steven Wender, orthopedic surgery; and Jorge Espinosa, economics, both of Miami, Fla.

Plaintiff's Counsel

Luis N. Perez, Coral Gables, Fla.

Javier J. Rodriguez, Coral Gables, Fla.