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ARTICLE ID 186868

$________ Admiralty – Plaintiff shipyard worker injured while working on a U.S. ship - Defendant uses highly flammable liquid in small non ventilated area in conjunction with power tools that create a spark which ignites the liquid and causes an explosion – Failure to take precautions when using highly flammable substance – Traumatic brain injury – Inguinal hernia requiring surgery.

Circuit

In this maritime law action, the plaintiff claimed to have suffered multiple injuries including a permanent brain injury that has left him with cognitive deficits when an explosion occurred on the ship on which he was working. The explosion was caused when an employee of the defendant used a highly flammable substance in conjunction with a power buffer which ignited the substance and caused an explosion. The defendant denied being negligent and argued that the comparative negligence of the plaintiff caused his injuries.

On September 15, ________, the plaintiff, a shipyard worker, was aboard the U.S.S. Leyte Gulf while the ship was in shallow navigable United States waters. The defendant company had been subcontracted to install a new deck in the head area of a ship. An employee for the defendant company used a highly flammable liquid to remove stains from the deck. As the employee began to use an electrical buffer to remove the stains, a spark from the buffer ignited the liquid and caused an explosion.

The plaintiff alleged that the defendant company failed to take precautions for adequate ventilation, failed to take proper precautions during the use of the flammable liquid, failed to guard against static electricity and direct electrical current and sparks from equipment used in the area as an ignition source and failed to provide adequate and proper training for its employees.

Following the explosion, the plaintiff was diagnosed with an acute concussion, lumbar contusion, and a large left inguinal hernia which required surgery. In the months that followed the explosion, the plaintiff was diagnosed with a traumatic brain injury with cognitive deficits that include attention deficit disorder, balance disorder, central auditory processing disorder, headaches, personality disorder and fatigue.

The defendant denied all allegations of negligence and alleged that the plaintiff was guilty of contributory negligence and assumption of risk with regard to the factual circumstances alleged in his complaint. Additionally, the defendant alleged that the plaintiff’s claim is barred by the appropriate worker’s compensation statutes, including but not limited to, the Longshore and Harbor Workers’ Compensation Act.The parties settled their dispute for $________.

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