Trial Magazine

Gary Galstad, 34, was working for Associated Underwater Services (AUS) as a construction diver on a Seattle floating bridge project. Kiewit General Manson (KGM), another company working on the project, disconnected a 1,200-pound spool attached to a barge that was serving as a fairlead for a cable running to the lake bed. Once it was disconnected, the spool fell into the water, hitting Galstad’s dive hose and jerking him backward.

Galstad aggravated a preexisting spinal injury, necessitating spinal surgery at L4-5 and implantation of a spinal cord stimulator. He incurred approximately $225,000 in medical expenses and is unable to return to his job, at which he had earned approximately $75,000 annually.

Galstad and his wife sued AUS, alleging its employee, who was standing beside the spool, failed to warn Galstad that it had been disconnected. The plaintiffs also alleged that KGM had negligently disconnected the spool and allowed it to fall into the water. The defense argued that the spool had not hit Galstad or his dive hose and that his back injuries were preexisting.

The parties settled for $3 million. KGM paid $2.85 million, and AUS paid the rest.

Citation: Galstad v. Associated Underwater Servs., Inc., No. 19-2-23386-9 SEA (Wash. Super. Ct. King Cty. Mar. 31, 2021).

Plaintiff counsel: AAJ member James F. Gooding and Sara Maleki, both of Seattle.

Plaintiff experts: John Berg, economics, and Cloie Johnson, life care planning, both of Seattle; Kurt Stranne, construction, Maple Valley, Wash.; and Bret Gilliam, diving, Arrowsic, Maine.

Defense experts: Craig Fortenbery, diving, Benton, Ky.; William Partin, economics, Bellevue, Wash.; and Theodore Becker, physical capacity, Everett, Wash.