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ARTICLE ID 139753
Boating negligence - Jones Act - Unsafe vessel - Snared line resulted in vision loss to the plaintiff - Ruptured eyeball.
United stateorgs District Court
In this negligence matter, the plaintiff alleged that
the vessel was unseaworthy under the Jones Act when the boats
lobster gear became entangled with another boats gear. Cutting
of the line caused the line to snap back and rupture the
plaintiffs eyeball. The defendant denied that the vessel was
unseaworthy and maintained that the plaintiff had performed a
similar task of cutting a line several times in the past with no
incident.
The male plaintiff was a seaman aboard the defendants lobster
boat. While out on the sea, the defendants lobster gear became
entangled with that of another vessel. The captain ordered the
plaintiff to cut the snared line. When the plaintiff cut the
line, the tension that had built up caused the line to snap back
and strike the plaintiff in the eye. The line ruptured the
plaintiffs eyeball, resulting in permanent vision loss.
The plaintiff incurred medical specials of $________. The plaintiff
brought suit against the defendant in federal court, alleging
violation of the Jones Act. The plaintiff maintained that the
defendants vessel was unseaworthy due to the ensnared line and
the captain should not have ordered the plaintiff to cut the
line.
The defendant denied the allegations and maintained that lines
became entangled on the boat prior times and the plaintiff had
cut lines in the past without incident. The defendant disputed
the allegation that the boat was unseaworthy.
At the conclusion of the trial, the jury deliberated for
approximately four hours and returned its verdict in favor of the
defendant and against the plaintiff.
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