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Jury Verdict Enforcing Seaman's Release

LeGros Buchanan and Paul attorneys David C. Bratz and Carey M.E. Gephart obtained a defense jury verdict enforcing the plaintiff's release in the matter of Miguel Bernal Hernandez v. Glacier Fish Company, LLC (No. 08-2-12754-1SEA) (King County Superior Court).

At trial, Plaintiff Bernal alleged post-traumatic stress disorder (PTSD) arising out of his evacuation from the F/T PACIFIC GLACIER on February 26, 2008 (due to the outbreak of a fire), and claimed economic and general damages in excess of $1 million under theories of Jones Act negligence and unseaworthiness.

Defendant argued that Plaintiff's March 13, 2008, Receipt and Release was valid and enforceable and precluded recovery of any damages at trial. Defendant also argued that Plaintiff experienced no significant injuries or damages in any event, and specifically that he did not suffer from PTSD.

Following a seven day trial, the twelve person jury held Plaintiff's Release valid and enforceable, thus precluding any additional recovery on his liability claims (Jones Act negligence and unseaworthiness). The special verdict form is attached.

Plaintiff Bernal's release is essentially identical to that held enforceable by W.D. Washington Federal District Court Judge Thomas S. Zilly in the matter of Flores v. Glacier Fish Company (C08-1267 TSZ) on December 7, 2009.

Appeal Pending.

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