Passenger falls from bunk: Failure to provide leeboards: Fractured hip: Binding arbitration

Law Reporter, Apr 2004

ADMIRALTY

Smolinski v. Gau Frances, Inc., U.S. Dist. Ct., D.R.I., No. 01-058T, Apr. 23, 2003.

Smolinski, 51, was a passenger on a recreational fishing vessel on an overnight trip. He was lying in an upper bunk when a course change into the wind caused the boat to pitch and roll. Smolinski fell from the bunk to the deck about 4 feet below. He suffered a fractured hip requiring a full hip replacement. His past medical expenses totaled $42,000. A water treatment plant operator who had earned approximately $40,000 annually, Smolinski is no longer able meet the physical demands of the position. His lost income is $158,000.

Smolinski sued the vessel operator, alleging negligence in not providing leeboards, or safety rails, on its bunks and in failing to warn of the danger. Defendant contended plaintiff had been on the vessel before and should have known of the danger.

A binding arbitration panel held plaintiff 50 percent at fault for his injury and the boat operator 50 percent liable. It awarded $635,000, which was reduced to $317,000 to reflect the panel's findings of fault. With statutory interest, the total award was about $424,500.

Plaintiff's experts included Gerritt Van Dissel, naval architecture, Newton, Mass.

Plaintiff's Counsel

*Stephen R. White, Warwick, R.I.