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Favorable Jury Verdict on Seaman's Personal Injury Case of Admitted Liability

In seaman's personal injury suit of admitted liability, LeGros Buchanan & Paul attorney Marc E. Warner obtains jury damages verdict substantially below offer of judgment on behalf of Defendant.

The seaman injured her right arm and shoulder while working aboard the SEABULK ARCTIC, a tankership managed by Seabulk Tankers, Inc. She filed suit in Snohomish County Superior Court (No. 08-2-08911-6) asserting Jones Act negligence and breach of the warranty of seaworthiness. Represented by LeGros Buchanan and Paul attorney Marc E. Warner, Defendant made several strategic moves in defending this matter—including admission of liability, and issuing a Civil Rule 68 offer of judgment in the amount of $400,000. Plaintiff failed to accept the offer of judgment, and the matter proceeded to trial before a six-person jury, Judge Ronald Castleberry presiding.

The undisputed evidence was that Plaintiff’s injuries prevented her from returning to work aboard vessels—her occupation for the prior eight years. At trial, Plaintiff claimed that her past and future pain and suffering and loss of her physically active lifestyle entitled her to no less than $200,000 in compensation. She also claimed that absent the injury (and despite her work history to the contrary) she would have acquired a permanent entry-level AB position on a tankership or tug and maintained that employment for the remainder of her working life. Ultimately, Plaintiff asked the jury for nearly $1 million in damages.

While conceding that Plaintiff was entitled to some measure of damages for her injuries, Defendant presented evidence of Plaintiff’s sporadic pre-accident work history and limited earnings, problems she had with several prior maritime employers, and her “off-the-grid” lifestyle. Further, Defendant Plaintiff’s conservative medical treatment (arm sling and physical therapy-no surgery performed or recommended), release to return to light work only seven months post-injury, and failure to take steps to acquire any type of employment in the 2+ years since her assessment at MMI. Defendant asked the jury for a damages verdict of no more than about $200,000.

After three hours of deliberation, the six person jury awarded Plaintiff damages totaling $230,000 (only 58% of the rejected offer of judgment and 23% of the damages requested at trial). Specifically, the jury awarded $30,000 in past economic damages, $165,000 in future economic damages, and $25,000 in non-economic damages. Plaintiff’s failure to recover more than Defendant’s pre-trial offer of judgment additionally allowed Defendant to recover statutory costs and attorneys fees from the date of the offer of judgment through the end of trial.



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