With well over a thousand miles of coastline, major ports from Jacksonville to Miami, and from Key West to Pensacola, and some of the most attractive oceanic and inland waters anywhere in the world, it is no wonder that Florida is one of the great boating and shipping regions in the Western Hemisphere. Unfortunately, with all this recreational and commercial activity on the waters of our state it is inevitable that acts of carelessness each year will cause many serious injuries and deaths to our citizens, to tourists, and to professional seamen. Successful representation of a person injured or killed by acts of maritime negligence or by unseaworthy conditions aboard recreational or commercial vessels requires a high degree of legal expertise and experience because federal and state maritime laws are unique and complex.
SETTLEMENT: Carbon Monoxide Poisoning/Brain Damage. Scott Sheftall obtained a $1.35 million confidential settlement for the Filipino master of an ocean-going container ship on account of injuries he sustained near St. Thomas in the U.S. Virgin Islands when he was exposed to exhaust fumes in the hold. Malfunctioning diesel engines powering refrigerated containers were the source of the fumes which caused the accumulation of dangerous levels of carbon monoxide. The captain suffered brain injuries and psychiatric illnesses as a direct result of carbon monoxide toxicity.
JURY VERDICT: Collision with Unmarked Marine Obstruction/Wrongful Death. In Estate of Valdes v. Perlman, Scott Sheftall won a verdict of $500,000 on behalf of the surviving husband and his late wife's estate. The couple were riding in their speedboat when they struck a partially submerged, unmarked, and unlit concrete pier, which extended into a navigable waterway from a derelict piece of property. The jury found that the investment trust which owned the marine obstruction was negligent per se for violating federal maritime regulations regarding the maintenance of unmarked marine hazards. On appeal, the appellate court reversed and remanded for a new trial the estate's award for loss of net accumulations. Mr. Sheftall retried this element of damages, making a full recovery for the clients.
SETTLEMENT: Speedboat Collision with Underwater Obstruction. In the Lopez case, Scott Sheftall reached a settlement of $250,000 on behalf of the twenty-five year old operator of a speedboat, whose vessel struck a submerged marine obstruction, which was negligently maintained by the owner. The Plaintiff suffered a serious leg injury in the collision.
SETTLEMENT: Sailing Accident. In the case of John Doe, Scott Sheftall achieved a confidential settlement of $100,000 for injuries sustained by a passenger on a sailboat who was struck in the head by the boom when the skipper negligently failed to advise all aboard that he was preparing to "come about."
SETTLEMENT: Ship Sinks In Hurricane/Wrongful Death. Scott Sheftall reached confidential settlement of wrongful death and personal injury claims brought on behalf of four ship's personnel who were caught in a hurricane off the east coast of Florida. The shipowner had negligently instructed that the ship be taken from a safe port into the foreseeable path of the storm. The ship was a casino boat that was not seaworthy to withstand hurricane conditions.
NON-JURY TRIAL: Rental Boat Sinks. Scott Sheftall reached a confidential settlement in a federal court case arising out of the sinking of a rented pleasure craft in Government Cut between Miami Beach and Fisher Island. On the day in question, the boat rental company had exhausted its inventory of boats that were large enough to safely accommodate the four tourists and their diving gear, including one that the Plaintiffs had reserved for themselves. The boat rental company proceeded to load the four customers and their gear onto a much smaller boat. Without any instruction or warnings, the boat company launched the group into 3-4 foot seas in the channel. Within minutes the vessel was swamped and sinking. Before all four individuals were rescued, they suffered a variety of physical and emotional injuries.
