Article provided by HAROLD EISENMAN PC
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On Feb. 11, a judge awarded $432,166 to a seaman who was injured while working on a federal government owned vessel. In 2007, Frank Drapela was assigned to loosen rusted cargo attachment rings on the deck of a ship docked in Beaumont. Drapela said the task, for which he used a sledgehammer, caused four bulging discs in his neck. He underwent surgery, which helped to lessen the pain but resulted in loss of feeling in his arm. He claimed he is no longer able to work as a seaman and he has since been diagnosed with depression.
Drapela blamed the government, alleging that the rings could have been fitted with grease fittings to prevent rusting, and that the failure to do so rendered the vessel unseaworthy. The government argued Drapela wasn't told to use a sledgehammer and that his own actions caused his injuries.
The case is Drapela v. United States, (Docket No. No. 1:08-cv-00044-TH) and it was filed in the U.S. District Court for the Eastern District of Texas in Beaumont.
The plaintiff's attorney was Harold J. Eisenman of Houston, Texas.
The defense attorneys were Michael A. DiLauro and Christopher F. Coutu for the Department of Justice in Washington, D.C.
