A fisherman had taken a job working on a vessel that was docked for repairs on a frigid night on January.
Earlier in the evening, facility staff had sprayed water on the dock area adjacent to the boat. The area became completely covered in ice and snow. The fisherman later slipped on the dock and fell to his death.
The owners of the fishing vessel settled with the fisherman’s family in September 2012 for $450,000. The facility where the boat had been docked refused to settle, however. Consequently, the case went to trial in May 2014.
During the trial, the fisherman’s widow and her children testified about the enormous loss they suffered at the abrupt death of their husband and father. Moreover, as he had been the sole wage-earner in their family, his death left the family without income.
After a 10-day trial, while the jury was still in deliberations, the facility agreed to pay the fisherman’s family $900,000.
Action: Admiralty
Injuries alleged: Wrongful death
Name of case: Cracchiolo v. O’Hara Corporation, et al.
Court/case no.: U.S. District Court, No. 11-11195
Jury and/or judge: N/A (settled)
Amount: $900,000
Date: May 28, 2014
Most helpful exerts: Neville S. Lee, Ph.D., Winchester; David M. Benjamin, Ph.D., Chestnut Hill
Attorneys: Joseph M. Orlando and Brian S. McCormick, of Orlando & Associates, Gloucester (for the plaintiff)
