Anderson Carey & Williams Secures $10 Million Judgment for Injured Shipyard Repair Worker

A shipyard repair worker injured aboard a dredging vessel was awarded $10 million in damages by the U.S. District Court for the District of Oregon in a successful action under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act.
By: Anderson Carey & Williams
 
PORTLAND, Ore. - Feb. 20, 2015 - PRLog -- The United States District Court for the District of Oregon has awarded $10,077,187 in damages against the United States and a Portland shipyard, on account of injuries sustained by a harbor worker aboard a United States Army Corps of Engineers dredge.

The accident occurred in September 2008 while the plaintiff was cleaning the dredge’s bilge tanks when he was struck by a hatch cover panel weighing more than 165 pounds.  A shipyard worker unfamiliar with the dredge’s nonstandard hatch configuration accidently dropped a hatch cover panel down three decks. The plaintiff sustained a traumatic brain injury, and doctors and a vocational expert concluded that he would never be able to return to full-time work.

At trial, the plaintiff was represented by Gordon Carey and Douglas Williams of the maritime law firm Anderson Carey & Williams. The firm represents maritime workers injured on the job.  It has offices in Portland, Seattle and Bellingham.

The court awarded the plaintiff $2,077,187 for multiple economic losses and $8,000,000 for his pain, suffering, and loss of life's enjoyment.

“This was an extremely unfortunate, yet preventable accident caused by the shipyard’s actions and the Corps’ inactions.  Through no fault of his own, our client has suffered unimaginable loss, loss of everday things that most of us take for granted.” Williams said. “We are hopeful that others in the industry will learn from this case and take the necessary steps to eliminate, guard against or, at a minimum, warn of known hazards.”

Despite being 33 years old at the time of the accident and enjoying a reputation as being a hard worker, the plaintiff’s mother referred to him as “an old man” because of his injuries.  Sadly, his teenage daughter spoke of him in the past tense during her testimony, according to court documents. The court noted that “the primary purpose of the hatch cover is to prevent tools, materials, or people from falling through openings or holes in the decks of the vessel,” but in this case, the “cover itself created the danger it was intended to eliminate.”

The court also pointed out that the Army Corps of Engineers and Cascade General, Inc. were aware of these dangers. Cascade's employees had developed an elaborate method of removing the subject panels in an effort to work around the dangerous piece of fixed ship equipment.  During the seventeen years the unique hatch cover was in service, there had been prior incidents involving the hatch cover.

“Our client will live the rest of his life with memories of the man he used to be,” Williams said. “We are happy and grateful for the justice our client has finally received, and this case provides an extreme example of what can happen when worker safety is not paramount on vessels.”

Anderson Carey & Williams has been helping clients in the Pacific Northwest who were injured at sea for more than three decades. The firm represents merchant mariners, commercial fishermen, cruise ship employees, ferry workers, oil rig workers, shipyard workers, tugboat crew, and many other seamen. The firm also represents passengers injured on cruise ships and in recreational boating accidents. Anderson Carey & Williams litigates claims arising under the general maritime law, the Jones Act, the Longshore and Harbor Workers' Compensation Act (http://www.boatlaw.com/admiralty-and-maritime-law/longsho...), and Death on the High Seas Act.

Contact
Douglas Williams
***@boatlaw.com
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Source:Anderson Carey & Williams
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Tags:Portland Maritime Lawyer, Harbor Worker Injury
Industry:Legal, Shipping
Location:Portland - Oregon - United States
Subject:Awards
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