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Admiralty Law Keyed to Maraist
Vargas v. McNamara
Citation:
608 F.2d 15 (1979)Facts
Plaintiffs Vargas and Baker were seamen employed by defendant McNamara to perform repairs on his vessel, NORA. McNamara brought the vessel to Cape Cod Marine Service’s boat yard for repairs. McNamara instructed the plaintiffs to clean the engine room and provided them with equipment from Cape Cod Marine, including a spray gun, an unlabeled bucket of Verisol (a toxic cleaning agent), and a steam cleaner. The plaintiffs worked without respirators or other protective equipment in the poorly ventilated engine room. As they sprayed the Verisol and applied steam, the room filled with steam, causing them breathing difficulties and other symptoms that led to temporary disability. An expert testified that Verisol is a toxic industrial solvent particularly hazardous when used in spray form without respiratory protection. The plaintiffs’ complaints against both defendants were based solely on negligence, with no unseaworthiness claim included until they attempted to amend their complaint after the close of their evidence.
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