Professional Yachtsman Awarded $1,460,458 for Torn Bicep

Professional Yachtsman Awarded $1,460,458 for Torn Bicep

By: John Yadamec

Edited By: Andrew Lifsey

Nevor v. Moneypenny Holdings, LLC, No. 13-407-M-LDA, 2016 WL 183906 (D.R.I. Jan 14,  2016); 2016 U.S. Dist. LEXIS 5580.Kenneth Nevor filed an action for negligence under the Jones Act, claiming that his employer, Moneypenny Holdings, LLC (“Moneypenny”) failed to provide a safe workplace when it required him to transfer ships in rough seas without taking appropriate safety measures.Nevor was a professional sailor who competed at the professional level in domestic and international regattas, distinguishing himself in a variety of positions on multiple vessels. Beyond his sailing and racing skills, Nevor was also proficient at various vessel maintenance functions. After four years racing on vessels owned by Moneypenny, he became a member of the VESPER, which sailed at the highest levels of professional sailing and was made up of distinguished sailors.While transferring from one vessel to another at sea, Mr. Nevor's bicep was torn from the bone in his right upper arm when it got hung up on the lifeline of the VESPER. Without safety procedures in place, and with less than a full crew on either vessel, the court found that the risk of an accident was “greatly increased.” Because each vessel only had three crew members on board, the court determined that both were “unseaworthy and substantially contributed” to the accident. According to the court, Nevor “exercised the reasonable degree of care for his own safety that a reasonably [sic] seaman would exercise in like circumstances,” and thus did not contribute to his injury. However, the court found that Moneypenny was negligent under the Jones Act and created an unsafe work environment for five reasons: (1) inadequate staff for an at sea transfer; (2) improper vessel stabilization; (3) failure to navigate to calmer waters before the transfer; (4) lack of non-skid surfaces on the tubes of the ODD JOB; and (5) failure to have appropriate safety procedures in place and inadequate training concerning transfers. The court also rejected Moneypenny’s assertions that transfers were always conducted in that way, and that Nevor was experienced in that type of transfer.More than a month after the injury, Nevor underwent surgery to reattach the tendon, leaving him with a 2.5 inch L-shaped scar and intense pain. After six months of physical therapy failed to restore full strength and range of motion to Nevor’s arm, a doctor “found mild atrophy of the bicep muscle.” Two doctors determined that he would not be able to return to his prior work as a professional sailor due to the injury.Based on his past earnings and the earnings of similarly skilled sailors employed by Moneypenny, the court awarded Nevor $710,458 for loss of earnings and loss of future earning capacity, and a further $750,000 for pain, suffering, and mental anguish; this resulted in a total damages award of $1,460,458, in addition to interest and costs assessed against Moneypenny.