Trial Magazine

Doe, a 51-year-old engineer, worked in the engine room of a barge on the Savannah River. As he was cleaning a hot engine with sprayable brake parts cleaner, a flash fire erupted, igniting his coveralls. Doe suffered burns, necessitating extended medical and neuropsychological treatment. He experienced organ failure and continues to suffer from disfigurement, PTSD, and chronic pain. His medical expenses totaled more than $8.7 million. Doe had earned approximately $126,200 annually but has not returned to work.

Doe sued an undisclosed defendant, alleging claims for unseaworthiness of the vessel and its equipment and general negligence under the Jones Act. The plaintiff asserted that the vessel had been negligently managed and operated and that this resulted in the improper use of materials, including flammable suits and products. The plaintiff also claimed that he never received warnings or instructions not to use the brake parts cleaner to perform his work.

The defense argued that Doe had worked hastily and had not waited long enough for the engine to cool before performing his work.

The parties settled for $23 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Confidential Jxn. & Ct. Oct. 2, 2023).

Plaintiff counsel: AAJ members Kevin Biniazan and Jeffrey Breit, both of Virginia Beach, Va.; and AAJ member Billie Leeth, Richmond, Va.

Plaintiff experts: Rodney Chan, burn treatment, Alex Willingham, life care planning, and Gilbert Martinez, neuropsychology, all of San Antonio, Texas; and Matthew Fenton, vessel engineering, San Francisco.