Olivera v. Golden Gate Bridge Highway & Transportation District
Jan 01, 2010OUTCOME: Settlement at Mediation
A maritime personal injury action brought pursuant to the Jones Act, 46 USC §30104, and the General Maritime Law by plaintiff, a merchant seaman. The events giving rise to this action occurred in 2008 ... as defendant’s ferry, the M/V MARIN, was tied up along the pier in Sausalito, California ready to disembark for San Francisco. Plaintiff attempted to roll a mobile gangway away from the ferry, but the caster wheels on the gangway resisted his pushing effort. There was undisputed evidence that the gangway in question was frequently difficult to move because the caster wheels were too stocky and wide and were poorly maintained. The wheels’ resistance caused plaintiff’s right knee to buckle and he fell to the deck. For at least nine years before plaintiff’s injury, defendant was aware that the caster wheels on the gangways were frequently in need of repair. Yet instead of replacing them with more functional wheels, defendant chose to rely on periodic grease applications in hopes that would be satisfactory. But for the failures of defendant to maintain the gangways in proper working order, plaintiff would have continued to work on the water. The injury was carrer ending.
