Rivkind Highlighted in Daily Business Review for Successful Verdict

388647_294090203959765_490311210_nIB member Brett Rivkind was recently featured in Daily Business Review for receiving a $6.3 million verdict in a significant maritime suit.

Rivkind, of Rivkind & Margulies, P.A., represented a man who worked for Royal Caribbean Cruises Ltd. who was injured on the job and then sent to the Dominican Republic for back surgery.

Haitian national Willy Alphonse Dolcin, 42, a janitor who worked on the vessel Jewel of the Seas from 2007-2009, worked seven days a weeks, 10 hours a day. His job also required him to handle luggage for the ship’s 2,400 passengers on turnaround days when the ship returned to its home port.

The lawsuit alleged that Dolcin severely injured his back through overwork and improper equipment. Dolcin complained to his employer when the ship was in Miami. Instead of taking him to a doctor in the U.S., Royal Caribbean sent him to the Dominican Republic for back surgery. Surgeons fused his vertebrae, and later sent him home to Haiti with minimum physical therapy.

“Simply providing the plaintiff with a few months of physical therapy and then abandoning him by finding him at maximum medical cure violates the applicable standards of care and violates defendant’s duty to provide prompt, proper and adequate medical care and treatment,” Rivkind said.

After 10 days of deliberating, a verdict was reached: totaling more than $6 million, including $5 million for past and future pain and suffering, $714,194 for future medical care and $514,131 in lost future earnings.

“I’m thrilled with the verdict,” said Rivkind. “I’m always concerned that a crew member from a Third World country won’t receive a substantial award. But this gentleman deserved it. I told the jury pool, ‘lady justice is blind, and you’re supposed to balance the facts, regardless of what race or nationality the person is’.”

For more information on the case or any other maritime cases, please visit www.rivkindlaw.com.

 

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