Tiratsuyun v. Pacific Adventure Cruises, Inc.
TD Citation 1 TD 8th 10

SETTLEMENT - Boat passenger trips and falls in gap between vessel and boarding ramp

Maritime*Unseaworthiness

Los Angeles County Superior Court

Tiratsuyun v. Pacific Adventure Cruises, Inc., Case No. 03A04856. District (if any): Downtown. Judge: None. Settlement Date: 4/20/04.

Settlement Result: $9,000

Counsel
Plaintiff: Gerald Egbase, Law Offices of Egbase & Associates, Van Nuys
Defendant: Sterling J. Stires, Law Offices of Charles S. LiMandri, Rancho Santa Fe

Facts/Contentions
According to defendant: On July 4, 2003, plaintiff Sirapi Tiratsuyun, age 59, was disembarking from defendant Pacific Adventure Cruises Inc.'s vessel, the M/V Miss Christi, and allegedly stepped in a six-inch gap between the vessel and the boarding ramp. Plaintiff alleged that this caused her to fall and become injured. Plaintiff alleged that the existence of the gap between the vessel and the boarding ramp constituted negligence by defendant.

Defendant contended that plaintiff stepped into the gap because she had turned her head to talk with somebody behind her while walking forward down the ramp. Several witnesses, including a superior court judge, confirmed this. Defendant asserted that the existence of the gap was not negligence and did not render the vessel unseaworthy.

Claimed Injuries
According to defendant: Sprained ankle; sprained/strained knee; traumatic bruises on both legs; injury to right elbow and fingers; lumbar sprain; severe emotional distress and anxiety.

Claimed Damages
According to defendant: In excess of $15,000 medical; special damages; pre-judgment interest and costs. Further, plaintiff sought statutory damages; however, statutory damages did not apply to this case.

Settlement Discussions
Not Reported.

Expert Testimony
Not Reported

Comments
According to defendant: The insurance carrier was Sunderland Marine Mutual Insurance Co. Ltd.