Eric Resner v. Arctic Orion Fisheries, a Washington Corporation Polmar Fisheries, Inc., a Washington Corporation

ORDER

The Memorandum disposition filed on April 15, 1996, is amended and redesignated as an Opinion authored by Judge Wright.

OPINION

While working aboard a commercial fishing vessel, Resner lost four fingers to a fish-heading machine. In return for $16,200, he released his employer, Arctic Orion, from liability for his injury. The district court, after a bench trial, found that Resner had not freely and advisedly given up his claims against Arctic Orion. We affirm.

BACKGROUND

Resner was employed as a processing foreman on the vessel Arctic Orion. On his first voyage, he was injured while operating an air-driven fish-header. The machine works like a guillotine: the operator pushes a fish into place, then presses a foot pedal to release a blade that cuts off the fish’s head. Resner was finishing his shift at the fish-header when, despite signs warning employees to keep their hands away from the blade, he decided to clear some debris from the machine. As he did so, he accidentally brushed the foot pedal. The blade fell, severing parts of four fingers of Resner’s left hand.

Arctic Orion took responsibility for Res-ner’s medical treatment and rehabilitation. It assigned a claims…