Mario and Ester Seoane v. Seatrain Lines, Inc.

Mario and Ester Seoane v. Seatrain Lines, Inc.

Case Name

Mario and Ester Seoane v. Seatrain Lines, Inc.

Type of Injury

FALLDOWN – LADDER

Occupation

seaman

Location

New York, NY

Verdict

Defense verdict for Seatrain Lines. Costello & Sons dismissed during trial. Other Third-party Defts. discontinued during trial

Verdict Amount

$0.00

Case Details

V/1-12 MARITIME ACCIDENT – FALLDOWN – LADDER

Mario and Ester Seoane v. Seatrain Lines, Inc. (Third-party Pltf.) v. Costello & Sons Ship Servicing Co., Inc.; Fox Ladder & Scaffold Co., Inc.; McAllister Bros., Inc.; and Louisville Ladder Co., Inc. 27937/82 3-week trial Verdict 11/7/85 Judge Louis Grossman, New York Supreme

VERDICT: Defense verdict for Seatrain Lines. Costello & Sons dismissed during trial. Other Third-party Defts. discontinued during trial.

Pltf. Atty: Paul C. Matthews, Manhattan

Deft. Atty: Joseph E. Donat of Bigham, Englar, Jones & Houston, Manhattan, for Seatrain

Bruce F. Gilpatrick of Heidell, Pittoni & Moran, Manhattan, for Costello

Jeffrey I. Schwimmer of Sheft, Wright & Sweeney, Manhattan, for Fox Ladder

Celestino Tesoriero of Grainger, Tesoriero & Bell, Manhattan, for McAllister

Jeffrey W. Herrmann of Javits, Robinson, Brog, Leinwand & Reich, Manhattan, for Louisville

Facts: On 7/19/79, Pltf., a 47-year-old seaman, fell from a ladder while aboard a ship owned by his employer, Costello & Sons. The ship was docked at a port owned by Seatrain, the owner of the ladder. Pltf. was using the ladder to climb onto a barge owned by McAllister to unhook containers when, he claimed, the ladder slid, causing him to fall. Pltf. claimed that the ladder was defective because it was curved and lacked rubber shoes. The major issue at trial was notice. Pltf.’s foreman testified for Pltf. that he had told a Seatrain representative about the ladder before the accident. Seatrain’s foreman testified that he could not recall that conversation. The ladder was not available for inspection. Fox Ladder & Scaffold was the party who sold the ladder to Seatrain 10 years before the accident. Louisville manufactured the ladder . Injuries: comminuted fracture of the distal ulna with subsequent nonunion of the ulnar styloid process. The bone had not healed by the time of trial, 6 years after the accident. Deft. contended that Pltf. was capable of performing physical labor despite the nonunion. Pltf. also alleged significant psychological injuries including suicidal ideation. Offer: $300,000; demand: $750,000. Pltf. Experts: Dr. Leo Koven, orth. surg., Manhattan; Dr. Edward Allegra, treating psychiatrist; Dr. Edmond Provder, rehabilitative medicine; Matityahu Marcus, economist. Deft. Expert: Dr. Vincent Lodico, surgeon, Manhattan; Dr. Mortimer Shapiro, neurologist, Manhattan; Dr. Harold Bennett, subsequent treating physician; Dr. Morris Ehrenreich, Ph.D., rehabilitation specialist; Dr. James Ferretti, psychiatrist; Reginald King, maritime expert.

Disclaimer: The information on this website and blog is for general informational purposes only and is not professional advice. We make no guarantees of accuracy or completeness. We disclaim all liability for errors, omissions, or reliance on this content. Always consult a qualified professional for specific guidance.

RECENT POSTS

Importance of a Vocational Expert in TDIU Cases
June 2, 2025
Learn how oasinc vocational experts play a crucial role in TDIU cases and how their testimony can strengthen disability claims for veterans seeking benefits
When and Why to Call a Vocational Expert for Evaluations - Oasinc
May 19, 2025
Exploring what vocational evaluations are, how a vocational expert helps, and when is the right time to call oasinc vocation expert for evaluations. Learn More!
The Role of Vocational Experts in SSD Hearings - Oasinc
May 5, 2025
Learn how the role of a vocational experts enhances your SSD hearing and impact disability benefits. Learn how Oasinc Vocational Assessment Helpful in SSD Cases
What is the Role of the Vocational Expert? - OAS
April 21, 2025
What is the Role of the Vocational Expert? Explore what a Vocational Expert does, why they matter, and how Oasinc Vocational Expert services can help.
Why Are Vocational Experts Necessary in Personal Injury Cases?
April 7, 2025
Vocational Experts in Personal Injury Cases as they assess how an injury affects a person's ability to work and determine the impact on earning capacity.

CONTACT US