Verdicts& Settlements
ADMIRALTY
boat owner Injured
after fall through
Hole in Dock
When Joseph McGinley learned that his boat had been hit by another
vessel during a storm, he went to the dock to secure it. While on the
dock, McGinley, 66, stepped through a portion of platform that had
missing boards and fell through the platform up to his chest, suffering
a left shoulder fracture and a ligament injury.
He underwent arthroscopic surgery but still suffers pain and decreased range
of motion in his shoulder. His medical expenses were about $136,400.
McGinley and his wife sued the corporation that owned the dock, alleging
that it was negligently maintained. the plaintiffs did not claim lost income.
the defendant asserted that McGinley was negligent for walking on the dock
during a storm.
the jury awarded about $736,400, including $50,000 to McGinley’s wife. the
jury found the defendant 92.5 percent liable and McGinley 7.5 percent at fault.
•••••
Citation: McGinley v. 1600 Rt. 70 LLC, no. Mon-l-737-07 (n.J., Monmouth
co. Super. aug. 13, 2009).
plaintiff Counsel:
Paul K. caliendo, Woodbridge, new Jersey.
plaintiff expert:
brian M. torpey, orthopedic surgery, tinton falls, new
Jersey.
Defense expert: Kevin J. egan, orthopedic surgery, West orange, new Jersey.
INTENTIONAL TORTS
Paper’s false report of Doctor’s Sex
Harassment Investigation Was libelous
HarolD KenneDy was the chief of medicine at the bay Pines Veterans
affairs Medical center and then was reassigned to the facility’s cardiology division. on December 4, 2003, the St. Petersburg Times reported that
Kennedy was under federal investigation for misusing money and for
sexual harassment. Within a week, two follow-up articles appeared that mentioned
the first article.
after the articles appeared. additionally,
his academic appointment with a local
university was revoked, and an offer from
another university was rescinded. unable
to obtain a job in academia, Kennedy, 64,
now works as a consultant for a cardiovascular research foundation. He had earned
about $300,000 annually but now earns
an indeterminate salary.
Kennedy sued the publisher of the
St. Petersburg Times, alleging libel. the
plaintiff claimed that the article falsely
implied that his reassignment was due
to an ongoing investigation into his use
of money—when there was no ongoing
investigation—and that there was never
an investigation for sexual harassment.
the jury awarded about $10.15 million, including $5 million in punitive
damages.
•••••
Citation: Kennedy v. Times Publg. Co.,
no. 05-8034-cI-11 (fla., Pinellas co.
cir. aug. 28, 2009).
plaintiff Counsel:
timothy Weber,
St. Petersburg, florida; and Ira
berkowitz, St. louis.
NEGLIGENCE
Winery, Market
Settle with teen
Injured in DuI
crash
Joshua apoDaCa anD his class-
mate, Sean bradley, both 19,
attended a wedding reception at
a california winery. although the
state’s legal drinking age is 21, winery
employees served bradley at least six to
eight beers after he told an employee he
left his identification in the car.
after the reception ended, the two
