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

Demonstrative Evidence in Vocational Assessments
September 1, 2025
In this article, we’ll explore what demonstrative evidence is, why it matters in vocational assessments, and how it can make complex information easier.
Wrongful Death Case
August 18, 2025
Learn how a vocational evaluation for wrongful death cases can help calculate financial loss, strengthen your claim, and secure fair compensation. Call us Today
Vocational Evaluations Impact Personal Injury Settlements
August 4, 2025
In this blog post, we’ll explain what a vocational evaluation is, how it helps in personal injury settlements. Contact our Vocational expert for evaluation today
Life Care Plan Evaluation For Documenting Damages - Oasinc
July 21, 2025
Learn about what a life care plan is, when it is necessary, and why it’s such an important part of documenting damages after a serious injury. Call Oasinc today
Vocational Assessment Helpful in Employment Cases
July 7, 2025
Discover how OAS Vocational Assessments support employment cases, resolving disputes and strengthening legal claims. Gain key insights with expert analysis!

CONTACT US