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Seaman's Release Enforced on Summary Judgment

LeGros Buchanan and Paul attorneys David C. Bratz and Carey M.E. Gephart obtained summary dismissal of the liability claims of seaman Jesus Flores on behalf of Defendant Glacier Fish Company, LLC. 

Plaintiff Flores was among the 80+ non-fire team crewmembers evacuated from the F/T PACIFIC GLACIER on February 26, 2008, when a fire broke out in the vessel's laundry room.  On March 13, 2008, Flores executed a Receipt and Release which discharged Defendant of any and all liability for claims arising out of his evacuation and the F/T PACIFIC GLACIER fire.  The Release had an open medical provision under which Defendant agreed to pay for any and all medical treatment reasonable related to the fire or his evacuation, so long as treatment was commenced within six months after February 26, 2008. Immediately prior to executing the Release, Flores received and read a primer on the rights of an injured seaman to maintenance, cure and unearned wages, as well as possible liability claims for Jones Act negligence and breach of the warranty of seaworthiness.  Both the Release and Rights of Seaman were presented, and executed, in Flores' native Spanish language.  Flores accepted the agreed upon compensation in exchange for executing the release.  When Flores commenced psychological treatment in June 2008 following retention of legal counsel, Defendant paid for all costs associated with that treatment under the open medical provision of the release.  In this litigation, Flores asserted injuries of post-traumatic stress disorder (PTSD) and a bruise to his left knee resulting from the F/T PACIFIC GLACIER fire.

On December 7, 2009, the Honorable Thomas S. Zilly, U.S. Federal District Court Judge for the Western District of Washington, granted Defendant's motion for summary judgment and held that Plaintiff's receipt and release were enforceable as a matter of law, and dismissed Plaintiff's liability claims with prejudice. Specifically, Judge Zilly found that plaintiff freely executed the release, and that the fact that the seaman would not receive compensation unless he executed the Release could not, as a matter of law, constitute coercion standing alone.  Further, Judge Zilly found that Plaintiff executed the Release with a full understanding of his rights.  Specifically, Judge Zilly held the consideration adequate in light of Plaintiff's minimal physical injury, the destruction of the catch and products upon which Plaintiff's wages were based, and the open medical provision in the release.  The Court found the nature of medical advice adequate in light of the clear recital in the Release warning Plaintiff that his evacuation could require medical or psychological treatment, and further that "[b]ecause the release at issue did not completely surrender plaintiff's right to cure, only minimal medical advice was necessary."  Finally, Judge Zilly held that the Rights of Seaman contained no inaccuracies or errors, and that presentation of the same to Plaintiff constituted adequate legal advice to uphold enforceability of the Release. A copy of Judge Zilly's order granting summary judgment is attached.

Plaintiff Flores' release is essentially identical to that held enforceable by the jury in the matter of Bernal Hernandez v. Glacier Fish Company (No. 08-2-12754-1SEA) on December 4, 2009.

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