A native of Puerto Rico was recently awarded a record $7.5 million
settlement in a back and neck injury lawsuit following the sudden explosion of
an air tank aboard a marine vessel that was docked for repairs. Plaintiff
Edward Perez-Mossetty was seriously injured in the explosion. The
then-37-year-old was affecting repairs aboard the vessel on behalf of
defendants American Tugs Inc. The plaintiff was in the engine room that also
housed an aging air tank that was exhibiting signs of thinning and pitting.
According to court records in the back injury compensation claim,
the tank had been installed without a working pressure relief valve and was
normally operated in an automated fashion, with the air compressor
automatically shutting down when the desired pressure within the tank was
reached. However, on the day of the accident, employees had been
operating the compressor in manual mode as the compressor had been shutting off
too soon. The pressure within the tank had built up to a level that the pitted
walls of the tank could not withstand. The ensuing explosion caused
Perez-Mossetty to be thrown into the air. He landed on his neck and sustained
serious back and neck injuries from which, in spite of surgical intervention
and months of rehabilitative treatment, he has failed to fully recover.
Perez-Mossetty suffered a serious neck injury when he landed after
being thrown into the air from the explosion. The plaintiff suffered partial
paralysis and serious motor and sensory impairments. He requires assistance to
walk and to maintain daily activities. Perez-Mossetty also remains in constant
pain and will require assistive devices and ongoing medical care and treatment
going forward for as long as he remains alive. He can no longer work.
Despite the claim of a record award, this blog reported back in
October 2013 of an award of $9.6 mil http://blog.ligmarine.com/2013/10/is-96-mil-record-award.html
so whilst this may not be “THE” record, it certainly worth notice and serves to
reinforce that $1mil of P&I/crew coverage is just not enough today (see http://ligblog.ligmarine.com/2014/06/are-current-pi-limits-enough/
)
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