Case details
Defense blamed man crushed by container for own death
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
crush injury, death, multiple trauma
FACTS
On Sept. 24, 2007, plaintiffs’ decedent Reginald Ross, 39, a longshoreman, was working as a lasher at the SSA Terminals in the Port of Oakland, aboard the vessel M/V Stuttgart Express. At approximately 4:45 p.m., a container attached to a crane overhead broke loose from the vessel and struck Ross, fatally crushing him. The decedent’s sister, Glenda Ross, representing the estate of Reginald Ross and acting as guardian ad litem to the decedent’s two minor children, sued the M/V Stuttgart Express, as well as the vessel’s owning entities, Hapag Lloyd (America) Inc. and Hapag Lloyd Aktiengesellschaft. They alleged that the defendants were negligent for causing the decedent’s wrongful death pursuant to the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 905 (b). Prior to trial, the estate’s claims, as well as those of Glenda Ross, were dismissed. Having reached the age of majority, the decedent’s children proceeded with the action in their individual capacities. The plaintiffs’ expert witnesses testified that the container attachment devices were defective and sheared off, causing the container stack to shift and ultimately crush the decedent. Plaintiffs’ counsel argued that the defendants were negligent in turning over the Stuttgart Express while it was in a dangerous condition for cargo operations. Counsel also argued that the defendants breached their duty to intervene in cargo operations in order to protect the decedent from injury. The defendants denied any negligence as alleged by the plaintiffs. They claimed that the decedent was negligent in failing to abide by safety rules applicable to longshoremen working aboard container vessels at the Port of Oakland. Specifically, they alleged that the decedent was working too close to an active container crane, in violation of Rule 1513 of the Pacific Coast Marine Safety Code., Reginald Ross sustained crush , as well as multiple traumatic , as a result of be struck by the falling container and died at the scene. He was 39. He left behind an ex-wife and two daughters, who were minors at the time of the accident. The decedent’s now adult children sought recovery of $7 million in damages for their loss of society, care, comfort, guidance and nurture. Defense counsel contended that Reginald Ross was responsible for his own death, so the defendants are not liable for his children’s claimed damages.
COURT
United States District Court, Northern District, Oakland, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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