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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

DICKSON v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
5:11-cv-00096 Search Pacer
Opposing Party: 
Gerry R. Dickson
Court Type: 
Federal
US District Court: 
Western District of Kentucky
Date Filed: 
Jun 6 2011

"4. This action is brought pursuant to 46 U.S.C. § 30104 et.seq., the Jones Act, and the General Maritime Law of the United States. Jurisdiction is based upon 28 U.S.C. § 1332(a)(1).

5. Plaintiff states that in September 2001, he began employment with the Defendant. In or around December 2001 he started working as a member of the crew of Defendant's vessel, the M/V E. W. Thompson working as a harbor pilot. At all time pertinent herein the Plaintiff operated the vessel on the Ohio River near and around Paducah, Kentucky.

6. Beginning in or around December 2001, and continuing for a period of time thereafter, the Plaintiff was caused to be exposed to diesel fumes in the wheelhouse of said vessel. Said exposure was caused by the defective exhaust system of the vessel, including the defective configuration of the exhaust stacks, and the improper maintenance of the engine and the exhaust system, which caused excessive and dangerous amounts of diesel fumes to accumulate and remain in the wheelhouse where Plaintiff worked. The Defendant was advised of this condition, but it allowed the exhaust system to remain in this defective condition and failed to properly maintain the vessel's engines.

7. In or around August 2005, Plaintiff became extremely ill and learned at that time that his health condition and illness was a result of his exposure to diesel fumes on board the M/V E. W. Thompson.

8. As a result of the aforesaid exposure the Plaintiff was damaged in the following respects:

a). Plaintiff developed multiple myeloma which has resulted in, among other things, numerous fractures throughout his skeletal system;
b). Plaintiff was required to seek and obtain necessary hospital; medical treatment in an effort to be cured and relieved of the effects of his injuries;
c). Plaintiff has lost money from the loss of wages in the past and will continue to lose money from lost wages in the future;
d). Plaintiff has suffered a loss of earning capacity;
e). Plaintiff has experienced pain and suffering in the past and will experience pain and suffering in the future;
f). Plaintiff has suffered extreme mental distress and suffering and the fear of death in the past and will experience extreme mental distress and suffering and the fear of death in the future;
g). Plaintiff has suffered loss of the enjoyment of life in the past and will experience loss of enjoyment of life in the future; and
h). Plaintiff has suffered disability and impairment as a result of his injuries, and said disability and impairment are permanent.

9. Plaintiff alleges that the Defendant was negligent in the following respects:
a). The Defendant knew or by the exercise of due care should have known that the exhaust system of the vessel, including the defective configuration of the exhaust stacks on the vessel, was defective in such a way that excessive and dangerous amounts of diesel fumes accumulated and remained in the wheelhouse of the vessel where the Plaintiff worked. Despite this knowledge it allowed the system to remain in this defective condition;
b). The Defendant failed to provide Plaintiff with a safe place in which to work; and
c). The Defendant failed to properly maintain the engines and exhaust system. Said acts of negligence constituted the proximate cause of the Plaintiffs injuries.

10. Plaintiff states that the configuration of the exhaust stacks on the vessel and the resulting accumulation of diesel fumes on its vessel rendered the vessel unseaworthy as to the Plaintiff and constituted the proximate cause of the Plaintiffs injuries.

WHEREFORE, Plaintiff prays:
1. That upon a hearing of this cause, the Plaintiff, Gerry R. Dickson, be awarded a judgment against the Defendant for damages, actual and special, for personal injuries, together with the cost of prosecuting this cause.

2. That a jury be empaneled to try the issues when joined.

3. That the Court grant the Plaintiff such other, further and general relief as to which justice may require."
 

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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