Trial Magazine

Bernard Boton, 45, worked as a deckhand on a tuna boat. While standing in the vessel’s upper engine room, he was exposed to ammonia fumes that had escaped from the boat’s refrigeration system. Boton suffered severe irritation of his lips, eyes, nose, and throat, and ran toward the open-air work deck. He later passed out. The ship’s captain gave him oxygen and milk but did not call a doctor for two days, despite Boton’s complaints of tingling on his right side and a headache. Two days after the incident, Boton was taken by helicopter to a hospital, where he was diagnosed as having suffered a probable stroke. Several weeks later, he was brought to the United States, where doctors confirmed the diagnosis of ischemic stroke.

Boton, who suffered partial paralysis, required rehabilitation and can now walk and drive. He cannot return to his job, at which he had earned up to $30,000 annually.

Boton sued his employer, alleging the ship’s crew had been negligent under the Jones Act for allowing ammonia gas to leak out of the refrigeration system. The plaintiff argued that the ammonia exposure induced a fight-flight reaction that in turn caused an acute hypertensive episode, leading to the stroke. Suit also claimed that the ship’s captain failed to call a doctor to attend to Boton for two days after the incident.

The jury awarded more than $1.54 million, including costs.

Citation: Boton v. Cape San Lucas Fishing LP, No. 16-2-19959-3 SEA (Wash. Super. Ct. King Cnty. Oct. 10, 2018).

Plaintiff counsel: AAJ members William L. Banning and Rebecca Rojas, both of Rancho Santa Fe, Calif.; AAJ member Michael D. Padilla, Encinitas, Calif.; and AAJ member John Merriam, Seattle.

Plaintiff experts: Joseph Derie, ammonia refrigeration systems, Portland, Ore.; Michael Lobatz, neurology, Carlsbad, Calif.; and Paul Zimmer, economics, San Diego.

Defense experts: Eric Winkel, mechanical engineering, Novi, Mich.; Thierry LeGuennec, engineering, Bellevue, Wash.; and William Partin, economics, Seattle.