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$________ Negligent placement of fish measuring devices - Sport fisherman strikes eye - Ruptured globe - Detached retina - Moderate vision loss in one eye.

Cape May County

The plaintiff in his early 30’s contended that after going fishing, he visited the defendant marina’s premises to have a fish weighed and measured for a competition. The plaintiff contended that although the defendant’s employees had weighed and measured the fish inside its building on all prior occasions, the employee asked him to do so himself on the day in question and directed him to use equipment which was situated outside. The plaintiff contended that after weighing the fish on the hook attached to the scale, he turned to enter the building to measure the fish’s length and was directed by the employee to place the fish onto a yardstick that was embedded in the wooden floor next to the scale. The plaintiff contended that the weighing hook was not secured or guarded and was moving in the wind and that as he was in the process of placing the fish on the yardstick, the hook struck his eye. The plaintiff contended that the set-up was dangerous, especially in view of the close proximity of the scale to the yardstick, the relatively windy conditions and an unnecessarily large hook.

The defendant contended that the plaintiff was overwhelmingly comparatively negligent in failing to be more careful while placing the fish on the yardstick. The defendant also contended that the weighing hook had contained a guard, but that the plaintiff had removed it as he was weighing his fish.

The plaintiff contended that he suffered a ruptured globe, a vitreous hemorrhage and a detached retina. The plaintiff underwent surgery at Will’s Eye Hospital and contended that he will permanently suffer a moderate reduction in vision in the one eye. The plaintiff also contended that he will permanently remain at risk for cataracts and a subsequent retinal detachment. The plaintiff who missed seven months from work made a claim for approximately $________ in past income losses.

The case settled prior to the institution of suit for $________.

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