Case details

Deckhand claimed wrist injury from unsafe vessel conditions

SUMMARY

$2249082

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
torn, triangular fibrocartilage complex, wrist
FACTS
On March 6, 2014, plaintiff David Lacy, 42, a deckhand for Manson Construction Co., was performing a maintenance operation of the crane’s clam bucket connections while dredging in the port of Long Beach. He claimed that while he was performing his assigned task, he sustained to his right wrist. Lacy sued Manson Construction Co., alleging that the company’s actions constituted negligence under the federal Jones Act. He also alleged that Manson Construction was negligent for the unseaworthy conditions of the derrick barge vessel he was working on. Lacy claimed that the vessel’s decking lacked a proper non-skid surface and that the equipment, which retained the cable wire for the clam bucket, was overly worn. He contended that, together, the two conditions made it very difficult for him to safely perform the assigned task, resulting in his . Defense counsel denied all of Lacy’s contentions and denied that Manson Construction was negligent. Counsel asserted that the vessel’s deck surface and equipment were entirely proper and safe for use as intended and that Lacy was not truthful in his allegations. Defense counsel also asserted that if any unsafe or improper work conditions existed, which Mason Construction specifically denied, it was the responsibility of Lacy, the deckhand, to use his “Stop Work” authority and seek help or guidance from his superiors and crew., Lacy claimed that he sustained tears of the radial and ulnar tendon attachments to the right, dominant wrist’s triangular fibrocartilage complex, which is a cartilage structure located on the small finger side of the wrist that cushions and supports the small carpal bones in the wrist. He also claimed he sustained a laceration/tear of the extensor carpi ulnaris (ECU) tendon, which plays a key role in the active movements of wrist extension and ulnar deviation, but also in providing stability to the ulnar side of the wrist. Lacy subsequently presented to the physician at the industrial clinic that Manson Construction sent him to at the end of his shift that same day. He ultimately underwent three surgical repairs to repair the TFCC tendon attachments and to repair a subluxation of the tendon. The plaintiff’s treating physician imposed work restrictions of no heavy work, no lifting any significant weight above the waist, and no twisting of the right wrist. However, Lacy claimed that, on two occasions, Manson Construction negligently assigned him to work that exceeded his medical restrictions, resulting in a further aggravation of his wrist . He alleged that as a result, a fourth surgery will likely be required within the next 15 years. Lacy was ultimately able to obtain light work as a dispatcher, earning $20 per hour, or approximately $41,000 a year. Thus, Lacy sought recovery of $68,882 in future medical costs, $170,033 in past lost earnings, and $1,510,167 in future lost earnings. He also sought recovery of non-economic damages for his past and future pain and suffering. (Lacy’s past medical costs were paid by Manson Construction.) Defense counsel asserted that Lacy only sustained a sprain of the right wrist with some tendonitis, which Lacy sustained doing the normal heavy work of a deckhand. Counsel also asserted that Lacy did not require surgery, and disputed the nature and extent of Lacy’s alleged damages.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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