Motion for Approval of $12.3 Million Settlement To Survivors Of Longshoreman Killed By Crane
On Aug. 9, 2011, 38-year-old Papu Faalele was working as a longshoremen for Pacific Stevedoring Services (PSS) on a fishing vessel owned by Pacific Princess Partnership and Oceans Unlimited, Inc. During unloading operations at the Starkist Tuna cannery dock in American Samoa, the mid-starboard hydraulic crane being used to unload tuna catastrophically failed. The boom of the crane crashed down onto Faalele and killed him. The accident was caused by severe corrosion of the hydraulic cylinder which raised and lowered the crane boom. The vessel had undergone significant repairs, maintenance, and modifications at a shipyard owned by Singapore Technologies Marine, Ltd. between December of 2009 and August of 2010. The decedent was survived by his wife and eight children.
On Aug. 7, 2014, plaintiff Onasai Fesuluai Faalele filed a wrongful death action against defendants Singapore Technologies Marine, Ltd.; Pacific Stevedoring Services; Roy Ausage; Starkist, Inc.; and additional Starkist entities in the Superior Court of San Diego County, CA. The action was removed to the United States District Court for the Southern District of California on Oct. 1, 2104, and Pacific Princess Partnership, Ltd. and Oceans Unlimited, Inc. were later added as defendants. Multiple cross-claim, counter-claims, and third-party claims followed, and extended settlement discussions proceeded before Judge Herbert Hoffman. On Dec. 5, 2016, the parties filed a motion for determination of good faith settlement before Judge Marilyn Huff after agreeing to settle the matter for $ 12,250,000.
Plaintiff was represented by William Lawrence Banning and Kathryn Garrett of Banning LLP in San Diego, CA. Defense counsel included Pamela L. Schultz of Hinshaw & Culbertson in San Francisco, CA; Edward Carl Walton of Procopio, Cory, Hargreaves & Savitch in San Diego, CA; and Michael A Barcott of Holmes, Weddle & Barcott PC in Seattle, WA.
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