Walden
Walden v. United States
Opinion
Opinion
Huff, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The USNS OBSERVATION ISLAND is a public vessel of the United States.
2. From February 1 through February 20, 1995, Mr. Walden was working aboard the OBSERVATION ISLAND as a ship repair worker employed by Dolphin Industries pursuant to a contract between Dolphin Industries and the Department of Navy Military Sealift Command (“MSC”).
3. On February 10, 1995, the date of Mr. Walden’s injury, the OBSERVATION ISLAND was at sea.
4. Plaintiff Steven Walden is 32 years old. He was injured aboard USNS OBSERVATION ISLAND on February 10, 1995, while doing voyage repairs at sea for a marine repair contractor known as Dolphin Industries, which had three men on the vessel. As plaintiff left his stateroom, his head bumped against a low hanging air duct which ran from side to side across the entire passageway. The air duct and the overhead were both white. The air duct was 5'10" above the deck. The port engineer’s testimony to the contrary, although given in good faith, was mistaken.
5. After the accident, plaintiff did not immediately report the incident. Later that day, he sought treatment from the ship’s medical officer, who…