Water was dripping from ceiling of cabin; $375,000 settlement
The plaintiff, a tourist with a church group from Maryland, was a passenger aboard a ferry (company’s identity withheld) in June 2018 traveling from Hyannis to Martha’s Vineyard for a day trip.
During the voyage, there was water dripping from the ceiling of the interior cabin on the first deck onto the floor in various places. So much water was dripping that some passengers were using umbrellas, the crew was setting up trash barrels underneath leaks to collect water, and they were passing out paper towels.
Toward the end of the trip, the plaintiff went to use the facilities on the first, interior deck, where she had been sitting during the voyage. As she walked toward the door to the head, she slipped and fell on what the vessel’s incident report called a “damp deck.”
As a result of the slip and fall incident, she sustained a comminuted displaced right distal femur fracture, which required emergent surgical repair. During her recovery from surgery she had a blood clot, which caused further complications.
Action: Admiralty
Injuries alleged: Comminuted displaced right distal femur fracture, blood clot
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (mediated)
Demand: $1 million
Highest offer: $25,000
Amount: $375,000
Special damages: $168,341.07
Most helpful expert: T.J. Ciarametaro, Five Fathoms Consulting, Gloucester
Date: Feb. 9, 2022
Attorney: Joseph M. Orlando Jr. of Orlando & Associates, P.C., Gloucester (for the plaintiff)
