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BARLAS v. U.S.

No. 01 Civ. 6420(DC).

279 F.Supp.2d 201 (2003)

Eduardo B. BARLAS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

United States District Court, S.D. New York.

August 18, 2003.

Attorney(s) appearing for the Case

Tabak & Mellusi by Sheldon Tabak, Stephen B. Roberts, New York City, for Plaintiff.

United States Department of Justice, Civil Division Aviation/Admiralty Section by Michelle T. Delemarre, Admiralty Trial Attorney, Washington, DC, for Defendant.

OPINION

CHIN, District Judge.

On March 17, 2000, seaman Eduardo Barlas tripped on a plastic packing strap on the deck of the S.S. Cape Avinof. Barlas's feet became entangled in the strap while he was carrying two heavy boxes of canned goods, and the fall injured his ankle, knee, and lower back. In this case, Barlas contends that dual defects rendered the Cape Avinof "unseaworthy": the plastic strap was inadequate because it must have slipped off a...

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