Weber Gallagher Simpson Stapleton Fires & Newby LLP

March 20, 2007 : Brian Calistri Wins Federal Maritime Jury Trial

After a five-day jury trial in Philadelphia federal court and one hour of jury deliberation, Philadelphia-based attorneys Brian L. Calistri and Thomas Geroulo obtained a defense verdict in a maritime matter tried before the Hon. Bruce Kauffman in March 2007.

Mssrs. Calistri and Geroulo defended the largest importer of fruits into the Philadelphia port against a personal injury claim brought by a union longshoreman injured while unloading fruit cargo at its pier in Camden, New Jersey.  The plaintiff contended that the importer negligently supervised the loading of its banana cargo in the harbor of Turbo, Colombia.  Specifically, the plaintiff contended that the company failed to require its Colombian-loading stevedore to properly sling its palletized cargo when loading the fruit from barges onto refrigerated ocean-going vessels.  While unloading the same fruit pallets in Camden, the plaintiff allegedly was injured by a knot or series of knots placed in a cargo sling by the loading stevedore. The plaintiff subsequently missed three years of work, underwent shoulder surgery as a result of the injury, and claimed $300,000 of past wage loss, additional future wage loss and $45,000 of medical specials.  The jury concluded that the importer was not negligent and returned a verdict in favor of the company.