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Millions Recovered

  • $5,400,000.00 settlement involving a seaman who fell from a stairway during fire and boat drill aboard a container ship sustaining quadriplegic injuries. Partners Mellusi and Shisha personally inspected the vessel taking hundreds of measurements and still and videos of every stairway in the ship’s main deck house. The data was compared with the vessel’s design plans in our library which demonstrated the vessel had been negligently constructed in that it failed to follow the naval architect’s original design specifications.
  • $4,400,000.00 jury award to a former shipmate who sustained a shoulder injury while at sea. The third mate had to undergo multiple surgeries and will not be able to become a captain because of the injury.
  • $2,400,000 jury award to a licensed marine engineer who sustained permanent knee injuries while attempting to remove a 200 lb. valve from an overhead piping system. Partner Mellusi personally inspected the ship’s engine room taking detailed photos and measurements. A duplicate valve was obtained from a maritime junkyard and was brought into court along with an auto-shop mechanical hoist capable of lifting it 12 feet to demonstrate the vessel lacked suitable means to perform this work safely. The jury award was in top ten verdicts in the United States for a comparable knee injury. The case was tried to verdict in a New York Federal Court.
  • $2,980,000.00 jury award to a ship’s cook for back injury resulting from insufficient procedures for moving ship stores. Case tried in New York federal court.
  • $2,700,000.00 settlement to a mate on a Tanker vessel who sustained multiple fractures.
  • $2,000,000.00 was awarded to a barge deckhand – wrongful death.
  • $1,827,000 awarded to a marine engineer working on a US Government supply vessel who fell into an unguarded ventilation fan causing neck, shoulder and hand injuries. The case was tried non-jury before a federal judge in Baltimore Federal Court. The court award was subsequently determined to be within the highest ten verdicts for the State of Maryland in 2009.
  • $1,200,000.00 jury award to a ship’s Bosun who sustained shoulder and neck injuries while attempting to move plywood sheets on main deck of vessel during 40 knot winds. Case tried in New York Federal Court.
  • $950,000 awarded to passenger killed when his recreational boat came into collision with tow wire of tug and barge
  • $850,000 settlement, Federal Court Allentown PA., to seaman sustained herniated disk while lifting a 110 lbs crane hooks.
  • $840,000 jury award to a seaman who fell from ladder while painting sustaining fractured wrist.
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September 2017 Archives

Cause of fatal boat accident unknown

The potential for a boat malfunction on the open water may be similar to the chances that a New Yorker will end up stranded on the side of the road with a vehicle out of commission. However, the consequences of a simple mechanical failure or design flaw are often much more serious for boaters. 

What if a company refuses to pay cure?

After a serious injury aboard a vessel, you may expect the owner to pay for your medical expenses as you convalesce in New York. However, in some cases, seamen have had to take their employers to court in order to receive maintenance and cure that the law says should be theirs. In one case reported by FindLaw, the court found in favor of the men who were injured in a barge accident

Risks and remedies at sea

Working on the ocean or on the docks, or enjoying boating or cruises in your down time, you face certain risks that are not an issue with other means of transportation such as riding the New York subway or navigating the city streets. The legal team at Tabak, Mellusi & Shisha are familiar with the many types of accidents that may happen at sea, and how the law differentiates between those and laws regarding accidents on land. 

APM Terminals is bringing megaships to New York

Longshoremen who work for the Port of New York and New Jersey may be used to the rushed pace and heavy workload involved in loading and unloading container ships. After all, it is the largest port complex on the East Coast. To continue to hold its own in global shipping markets, the Port Authority must now be able to accommodate the megaships that are taking their place in the industry.

Defining "in the service of the vessel"

Those in Manhattan who work in the maritime industry are likely well-aware of the perils that they face from their profession. The heightened risk that they encounter while on the job has prompted policy makers to extend them added protections through the Jones Act. Section 30104 of this Act (as shared by the Cornell University Law School) clearly stipulates that injured seamen are allowed to bring action against their employers. It is also clear in detailing that one's injury must be sustained during the course of employment to qualify for this relief. 

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