Manigault v. United States

316 F. Supp. 688, 1970 U.S. Dist. LEXIS 10448
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 26, 1970
DocketCiv. A. No. 43553
StatusPublished
Cited by1 cases

This text of 316 F. Supp. 688 (Manigault v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manigault v. United States, 316 F. Supp. 688, 1970 U.S. Dist. LEXIS 10448 (E.D. Pa. 1970).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

TROUTMAN, District Judge.

This action is brought under the Admiralty Law as modified by the Suits in Admiralty Act, 46 U.S.C. §§ 741-752 and the Public Vessels Act, 46 U.S.C. §§ 781-790 and pursuant to the Jones Act, 46 U.S.C. § 688 and the General Maritime Law.

The plaintiff, Frank Manigault, suffered injuries on the afternoon of September 18, 1966, while discharging duties aboard the U.S.N.S. Coastal Crusader. Testimony has been taken and evidence offered and introduced by both the plaintiff and the defendant. After due consideration thereof we make the following

I

Findings of Fact

1. Plaintiff, Frank Manigault, at age 26, became a crew member of the USNS COASTAL CRUSADER on May 9, 1966.

2. Between 1963 and 1965 the plaintiff had served in the United States Navy. Upon joining the Merchant Marine his Union status was designated Group II. As a member of Group II, he could obtain only those jobs which had not been filled by the more senior Union members in Group I.

[689]*6893. Although plaintiff was desirous of sailing as an ordinary seaman, in order to work his way up to and attain the status of an able-bodied seaman, he took a job as a saloon messman aboard the USNS COASTAL CRUSADER on May 9, 1966, as he was a Group II member of the National Maritime Union at the time and did not have any priority with regard to choosing his employment classification aboard merchant vessels.

4. On the afternoon of September 18, 1966, at about 3:45 o’clock P.M., plaintiff was engaged in his normal and usual duties of washing and cleaning cups and saucers and other kitchen and dining ware and utensils in the saloon pantry.

5. At that time, plaintiff was performing his duties in the usual and customary manner when, while reaching into a sink of soapy water, he was caused to suffer lacerations on and about the left hand as a result of the presence of a broken glass in the bottom of the sink which had not been visible to him prior to that time.

6. Gilbert Shaw, the other saloon messman aboard the vessel, saw plaintiff pull his left hand out of the sink immediately following this occurrence and saw that the hand was bleeding.

7. The broken glass on which plaintiff cut his hand on September 18, 1966, was a piece of glass from one of the fragile glasses aboard the USNS COASTAL CRUSADER, which the steward aboard the vessel had been aware of for some time prior to the date on which plaintiff suffered his accident and injury and had indicated he would change or replace due to their fragility.

8. Between the time that the steward aboard the USNS COASTAL CRUSADER became aware of the presence of these fragile glasses aboard the vessel and the date on which plaintiff suffered his injury, the steward, an officer aboard the USNS COASTAL CRUSADER, did not take any action with regard to replacing, changing or removing the fragile glasses, a broken piece of which cut plaintiff’s left hand on September 18, 1966.

9. Plaintiff immediately went to the Chief Mate in order to secure first-aid for the lacerations of the left hand.

10. Between September 18 and September 26, 1966, plaintiff received medical treatment from the Chief Mate aboard the USNS COASTAL CRUSADER and did not return to work as a result of the injury to his left hand which disabled him from his work during that period of time.

11. On September 26, 1966, plaintiff was seen and treated by Dr. Ferreira, in Recife, Brazil, who found plaintiff to be not fit for duty due to the injury that he had suffered to his left hand.

12. Plaintiff was repatriated by air to the United States.

13. Plaintiff reported to the facility of the public health service in Savannah, Georgia, on October 4, 1966 on which date he was admitted as an inpatient to the public health service hospital in Savannah, Georgia.

14. Plaintiff was confined as an inpatient at the Savannah, Georgia, public health service hospital from October 4 to October 20, 1966, during which time he was treated for a laceration of the flexor tendon of the left ring finger and had tendon-graft surgery performed on the left ring finger on October 17, 1966.

15. Following plaintiff’s accident and injury of September 18, 1966, and before the tendon-graft surgery on October 17, 1966, plaintiff had lost the complete use and movement of the left ring finger and felt no sensation in that finger whatsoever.

16. Prior to plaintiff’s accident and injury of September 18, 1966, he had no difficulty or disability whatsoever in his left ring finger or his left hand.

17. Following the tendon-graft surgery on October 17, 1966, plaintiff had some flexion in his left ring finger but does have permanent impairment of the left ring finger and left hand as a direct result of his accident and injury of Sep[690]*690tember 18, 1966, aboard the USNS COASTAL CRUSADER.

18. Plaintiff was treated as an outpatient at the public health service in Savannah, Georgia, from October 27, 1966, to April 25, 1967, on which date he was made fit for duty.

19. On April 25, 1967, plaintiff registered to reship, but was unable to obtain employment, following his period of disability as a result of the accident and injury of September 18, 1966, until June 20, 1967, when he reshipped in the capacity of a messman aboard the S.S. U. S. MATE.

20. Plaintiff was completely disabled from any employment whatsoever as a result of the injury that he sustained aboard the USNS COASTAL CRUSADER on September 18, 1966, from September 26, 1966, to June 20, 1967, a period of eight and one-half (8%) months, during which time he did not perform any work whatsoever.

21. Plaintiff’s average monthly earnings, including his basic minimum monthly wage, his compulsory overtime and his average additional overtime, during the period of his service aboard the USNS COASTAL CRUSADER, was in the amount of $517.80.

22. During the period of plaintiff’s total disability, a result of his injury of September 18, 1966, in addition to losing his average monthly earnings of $517.80, he sustained economic losses in the amount of $156.97 per month as a result of his disability by virtue of his losing vacation benefits of $37.80 per month, pension and welfare benefits of $119.17 per month for a total of $674.77.

23. Approximately 8% months during which plaintiff was on a not-fit-for-duty status, he sustained economic and pecuniary losses in the total amount of $5,735.55.

24. When plaintiff returned to his employment as a merchant seaman, he was no longer able to work in the capacity of an ordinary seaman in the deck department since he had a permanent loss of sensation in the left ring finger, a weakness in the left hand, a loss of power in the left hand, and difficulty performing manual functions with his left hand, such as tying lines, handling lines, handling wires, spicing wires and climbing ladders, all of which duties are an integral part of an ordinary seaman’s or an able-bodied seaman’s normal daily duties.

25.

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Cite This Page — Counsel Stack

Bluebook (online)
316 F. Supp. 688, 1970 U.S. Dist. LEXIS 10448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manigault-v-united-states-paed-1970.