It’s argued equipment passed its service life, not properly maintained
Plaintiff, 57, worked for defendant shipping company for three years. Defendant operated a single car ferry, which was a coal-fired vessel that would transport the “orphan” trailer section of a tractor-trailer to each port.
On September 7, 2011, while the vessel was unloading vehicles in Manitowac, Wis., the crew attempted to utilize the vessel’s white tractor to unload an asphalt trailer from the ferry. The tractor and trailer were of incompatible configurations, and would not mate.
The first mate appraised the situation, then went ashore to retrieve the black tractor normally assigned exclusively to maneuvering the vessel’s coal trailer and backed the vehicle aboard the vessel to engage it with the asphalt trailer. When the tractor and trailer appeared to engage, the mate attempted to perform the tug test.
Plaintiff then stepped in to hook up the air brake lines of the tractor to the trailer after gaining eye contact with the mate. The mate then unexpectedly attempted to move the tractor forward without warning or signaling plaintiff. The fifth wheel of the black tractor did not engage with the kingpin of the trailer, allowing it to move forward and roll over plaintiff’s feet, crushing them.
Plaintiff initially refused medical care because he wanted to stay on the vessel for its return trip and could obtain medical care in Ludington, Mich. There, he was diagnosed with a bilateral crush injury of the feet with an avulsion fracture of the right lateral talus and left tarsal bone.
Plaintiff argued that the incident and plaintiff’s injury and disability were caused by the malfunction of the fifth wheel of the black tractor, as a result of the failure to properly maintain the equipment and because it was beyond its reasonable service life.
The matter settled for $250,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Feet
Name of case: Confidential
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; confidential; April 12, 2013
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