Noteworthy Cases
Leroy Pankratz and Jeanette Pankratz vs. International Risk Management, Ltd.
17th Circuit, Broward County, Florida
This case involved a boating accident in the waters off Bermuda. The plaintiff at the time was a guest passenger on a 1978 forty-six foot Bertram Sport Fisherman. At the time the boat was trolling in seas that were approximately three to four feet. Mr. Pankratz was seated on a bench seat located on the flying bridge of the boat. Suddenly without warning the seat back broke and the plaintiff fell backwards. The seat had been installed as original equipment by Bertram (Whittaker Corporation). The seat was manufactured by Pompanette (Fox Manufacturing Co.) and supplied by them to Bertram. The boat was owned by International Risk Management and was under the supervision of a full time captain. The seat back was hinged in a fashion which allowed the seat back to fold forward on top of the seat. The hinges failed allowing the back to collapse backwards. This photograph is a picture of an exemplar hinge used to show the jury what the hinge looked like before it failed. Mr. and Mrs. Pankratz sued International Risk Management for negligent maintenance of the seat hinges and failure to warn that the hinges were in danger of breaking. The Pankratz's brought a products liability claim against Whittaker Corporation. Both defendants cross-claimed against each other and joined Fox Manufacturing Company as a third party defendant. Following the accident the captain of the boat repaired the seat and threw away the broken hinges. At trial the boat captain testified by deposition that he weekly washed the seat and that following the accident he discovered that a portion of the hinge which was allegedly located inside the seat back was corroded and broken. Whittaker and Fox presented expert testimony that the only type of corrosion which could have resulted in the seat failure was chemical corrosion which would be caused by using improper cleaning materials and failure to wash off those materials. The owner's manual directed that the seats be regularly inspected and that all cleaning materials be washed off with fresh water. At the time of the accident, Mr. Pankratz was fifty-four years of age with a 22.5 year life expectancy. As a result of his fall, Mr. Pankratz scratched his back and had a large bruise. He did not experience any further symptoms until late October or early November when he began noticing numbness and tingling in his arms and legs. His symptoms thereafter became progressively worse resulting in a cervical laminectomy. At the time of the laminectomy a ruptured disc was removed. A second operation was necessary at which time a lumbar laminectomy was performed. The treating doctor, Dr. Joseph Hahn from the Cleveland Clinic, and the defense doctor, Dr. Paul Flaten, Ft. Lauderdale, testified that the plaintiff's symptoms were all due to pre-existing degenerative arthritis. They further testified that the symptoms pre-dated Mr. Pankratz's accident. Mr. Pankratz's family doctor testified that there had been no prior symptoms and that in his opinion both operations were causally related to the accident. On behalf of Mr. Pankratz we called as witnesses several co-employees and friends who also testified that he had no prior symptoms. In each year since the accident, Mr. Pankratz received a substantial raise, having earned approximately $87,000 in 1982. His medicals were approximately $22,000. Verdict for plaintiff: $350,000. At the close of all evidence the plaintiff settled with Whittaker and Fox Manufacturing for the total sum of $75,000.
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