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ARTICLE ID 193727
DEFENDANT’S
Admiralty – Plaintiff lawfully on defendant’s ship when he slipped and fell on an accumulation of ice and snow – Failing to provide a safe vessel – Ligament damage to the right knee – Surgery of the right knee required.
USDC
In this Admiralty action, the plaintiff seeks damages for an injury he sustained while a passenger on the defendant’s ship. He brings this action under 28 U.S. Code § ________, ________, and ________, alleging that the defendants allowed a dangerous condition to exit on their ship.The defendants denied all allegations of negligence.
On March 1, ________, the male plaintiff was on a vessel in the course and scope of his employment as a pilot, hired to provide piloting services for a voyage that was to commence in Port Newark/Port Elizabeth to various other ports. While the plaintiff was walking on the deck of the vessel, he was caused to slip and fall on ice and snow that was allowed to remain on the vessel’s deck. The plaintiff maintained that the defendants were responsible for owning, controlling, and maintaining the liner vessel, and that they negligently did so, allowing a dangerous condition to exist on the boat. The plaintiff maintained that the defendant failed to properly remove and or treat the ice and snow on the ship’s deck. As a result of the dangerous condition, the plaintiff sustained serious ligament injury to his right knee requiring surgery, along with serious aches and mental anguish. The plaintiff contended that he has been unable to work since the incident. The defendants denied that the vessel was not properly maintained, and argued that the actions of the plaintiff caused or contributed to the incident.The jury found no negligence on the part of the defendants.
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