Merchant seaman wins $25M in Portsmouth

Shipyard bill may have unintended consequences

By Peter Vieth
Published: April 4, 2012
Tags: General Assembly, Maritime, Workers' Comp

A controversial bill to remove state workers’ compensation protection for some shipyard employees could have the unintended effect of increasing negligence claims and lawsuits arising out of shipyard accidents, workers’ comp lawyers warn. Virginia shipyards narrowly won General Assembly approval of their plan to limit most shipyard workers to compensation under federal laws, eliminating coverage [...]

Asbestos case tried under maritime and wrongful death law – $9,182,906 Verdict

By Virginia Lawyers Weekly
Published: March 19, 2012
Tags: Judge David F. Pugh, Maritime, Million-Dollar Verdicts, Newport News Circuit Court, Wrongful Death

A 68-year-old retired shipyard worker died from mesothelioma, which was allegedly caused by his use of John Crane Inc.’s asbestos gaskets and packing at the Newport News Shipyard, where he worked as a pipefitter and pipefitter foreman from 1962 to 1968. Prior to trial, John Crane had moved that the case be tried under Virginia [...]

Man suffered spinal and rib fractures in boating accident – $712,500 Settlement

By Virginia Lawyers Weekly
Published: March 5, 2012
Tags: Maritime

On April 24, 2011, plaintiff, a 39-year-old resident of Chesterfield, was scheduled to participate in an Easter Sunday fishing trip out of Oregon Inlet on a chartered fishing boat. Passengers included the plaintiff and other family members. Per the family, the boat left the dock, made several turns and then headed toward Bonner Bridge. Before [...]

Fishing boat ran aground in Outer Banks – $150,000 Settlement

By Virginia Lawyers Weekly
Published: February 13, 2012
Tags: Maritime

Plaintiff, a resident of the Fairfax area, was on vacation in the Outer Banks in January 2011. He went on a chartered fishing trip with family and friends, launching out of Oregon Inlet. On the way back to port, the client went below deck into the cabin area of the boat to gather his belongings [...]

Cruise disaster lawsuits face choppy seas in US

By The Associated Press
Published: February 6, 2012
Tags: Federal Courts, Maritime, Personal Injury

MIAMI (AP) While the parent company of the owner of the stricken Costa Concordia cruise ship is based in Miami, passengers who want to file a lawsuit in U.S. courts over its disaster will likely face choppy seas. That’s because of fine print on tickets purchased and signed by the 3,000-plus passengers before the ship [...]

Cruise out of Control

By Peter Vieth
Published: February 3, 2012
Tags: Federal Courts, Maritime

A Virginia Beach lawyer hopes to steer clear of legal obstacles as she navigates the claims of a honeymooning couple who had to leap off a railing to escape the capsized Costa Concordia cruise ship when it ran aground off the coast of Italy Jan. 13. Emily M. Brannon represents Robert and Megan Mauri of [...]

Jury finds for defense on maritime injuries claim – Defense Verdict

By Virginia Lawyers Weekly
Published: January 2, 2012
Tags: Gloucester County Circuit Court, Judge Norman A. Thomas, Maritime, Million-Dollar Defense Verdicts, Personal Injury

Plaintiff sued under maritime law for injuries to his back, knee and shoulder allegedly sustained while working as a commercial fisherman for the defendant. Plaintiff claimed that defendant failed to provide a proper ladder to use, failed to train the plaintiff, violated various OSHA standards, including the “general duty clause,” and failed to conduct a [...]

Railroad, maritime lawyers see victory in ruling

By Sylvia Hsieh
Published: July 11, 2011
Tags: Maritime, Personal Injury, U.S. Supreme Court

Although the case was closer than expected, attorneys who represent railroad workers are applauding the U.S. Supreme Court’s ruling last week that applied a relaxed causation standard to injury claims under the Federal Employers’ Liability Act. In a 5-4 ruling in which Justice Clarence Thomas was the unusual swing vote, the court held in CSX [...]

Shipyard worker blames Exxon for mesothelioma – $25,000,000 Verdict

By Virginia Lawyers Weekly
Published: April 4, 2011
Tags: Judge Timothy S. Fisher, Maritime, Million-Dollar Verdicts, Newport News Circuit Court, Premises Liability

A former ship repair supervisor contracted mesothelioma almost 30 years after he last worked for Newport News Shipbuilding on oil tankers owned by Exxon Mobil Corp. Plaintiff, now 72, contended that the disease was caused by his exposure to asbestos in the engine and boiler rooms of 17 ships he worked on from 1966-77, some [...]