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ARTICLE ID 190426

$________ CONFIDENTIAL Jones Act – fingers are crushed when the captain activates winch – Crush injury to fourth and fifth fingers.

Withheld County, MA

In this maritime matter, the plaintiff shipmate alleged that the captain was negligent in failing to make sure that all was clear before activating a winch. The plaintiff was attempting to dislodge a part on the trawl door when the winch was activated, crushing his hand. The defendant denied any negligence and maintained that the plaintiff’s negligence was the sole cause of his injuries and damages.

The male plaintiff was a mate on the defendant’s ship, a fishing boat. On the day of the incident the plaintiff was in the process of attempting to dislodge a part in the trawl door which is kept open while fishing when the captain activated the winch. The result was that the plaintiff sustained a crush injury to his hand. He was diagnosed with a crush injury to his fourth and fifth fingers on his right hand. The plaintiff had to undergo several surgeries since the injury to his hand worsened over time. He was diagnosed with complex regional pain syndrome and reflex dystrophy. The plaintiff alleged that he was unable to return to fishing following the surgeries.

The plaintiff brought suit against the defendant under the Jones Act alleging that the defendant was negligent in failing to make sure that the area was clear before activating the winch and in failing to wait for an all-clear signal from the crew members on deck. The defendant denied the allegations and maintained that the plaintiff was negligent in failing to warn the captain of what he was doing. The defendant argued that the plaintiff’s negligence was the sole cause of his injuries and damages.The parties agreed to resolve the plaintiff’s claim for the sum of $________.

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