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ARTICLE ID 191662

$________ – JONES ACT – PLAINTIFF IS ATTACKED BY FELLOW-CREW MEMBER ABOARD CRUISE SHIP – LEG FRACTURE WITH SURGERY – BOWLEG – FUTURE KNEE REPLACEMENT INDICATED – DAMAGES ONLY.

Miami-Dade County, FL

The plaintiff was a stateroom attendant aboard the defendant’s cruise ship when he alleged that he was attacked by another crew member. The plaintiff asserted Jones Act claims of negligence, unseaworthy condition and failure to provide maintenance and cure against the defendant cruise line. The plaintiff also contended that the defendant wrongfully denied him wages under the Seaman’s Wage Act. The case was tried on the issue of damages only after the defendant’s defenses were stricken for discovery violations.

The plaintiff, who weighed approximately ________ pounds at the time of the incident on September 25, ________, claimed that ship’s linen keeper attacked him when he attempted to get clean sheets and towels for one of the cabins. The linen keeper was a large man, weighing approximately ________ pounds, according to the plaintiff’s claims. The plaintiff alleged that he was thrown through the air and landed on a cart. The plaintiff contended that there was such a shortage of linens aboard the ship as to cause crew members to fight over them.

The plaintiff, age 46 at the time, was diagnosed with a right leg fracture. He underwent surgery in Spain, involving open reduction and internal fixation, the day after the incident. The defendant then sent the plaintiff home to India without pay, according to evidence offered. The plaintiff’s medical expert opined that the lack of follow-up medical treatment caused a deformity of the plaintiff’s leg known as a bowleg. The plaintiff will require a total knee replacement in the future, according to his physician.

The defense argued that the plaintiff was rightfully discharged. The defense also contended that the plaintiff could return to work if he so desired and disputed the extent and nature of his injuries.The jury awarded the plaintiff $________ in damages.

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