March 2016 - Παυλάκης - Μόσχος

NORMAN ATLANTIC: Commencement of Unloading of Garages No. 1 & No. 2

The Italian Court has now granted permit for the commencement of the unloading / discharge of the lower garages of NORMAN ATLANTIC, i.e. of garages No. 1 & No. 2. According to the plans of ANEK, garage No. 1 is to be unloaded first. Given that arrangements need to take place for the safe access in the lower garages, which the Coast Guard will attend, the discharge operations are not expected to commence before the end of next week.

The vehicles must be treated as total losses, since they have been exposed to high temperatures and smoke during the maritime incident and to extremely damaging conditions during their long stay inside the ship. The condition of cargoes is still to be examined and determined.

March 23, 2016/by Ioannis Pavlakis

News

Μulti-victim accident involving a bus that was carrying Erasmus students took place on a highway in Spain, on 20 March 2016

At least fourteen fatalities and 43 injured students, 22 to 29 years old, have been caused by a road traffic accident involving a bus carrying students from Barcelona to Valencia, at 06.00 hour in the morning of the 20^th March 2016. The students, being part of the European Erasmus program, are said to be of 19 nationalities, including French, British, Dutch, Czech, Ukrainian, Bulgarian, Polish, Italian, Swiss, Irish and others.

According to the competent authorities of Catalonia, both human error and technical failure are being examined and investigated; it is also under investigation whether the driver of the bus had taken sufficient rest in the last days prior to the accident.

We are following the matter closely, in coordination with our Spanish colleagues BCV Lex (www.bcvlex.com)as the investigations will be conducted in Spain by the competent Spanish authorities and eventual claims of the victims will possibly have to be pursued in Spanish courts and jurisdiction.

March 22, 2016/by Ioannis Pavlakis

News

ASBESTOS – MESOTHELIOMA – COMPENSATION AWARD TO MERCHANT MARINE GREEK SEAMAN

A Greek seaman of the Merchant Marine, diagnosed with pleural mesothelioma, received recently a considerable compensation in of his claims, which had been brought before the United States of America courts against the shipowners and manufacturers of equipment onboard the ships that contained asbestos.

The seaman had for many years served on board merchant marine ships and passenger/cruise ships, all over the world. His capacity as electrician obliged him to work for the maintenance and repair of equipment, in the engine rooms and the rest areas within the ships, which contained asbestos’ the seaman inhaled the asbestos fibers for years without being supplied with the necessary protection means and equipment.

The Greek seaman presented mesothelioma many years after his last embarkation. Our office represented the seaman and brought claims against the responsible persons and entities, including his former employees and manufacturers of the asbestos containing equipment onboard the ships. More than 25 defendants have been sued, many of whom were established or situated in the US.

After more than two years’ litigation on the motion filed by the defendants to dismiss the claim for forum non conveniens, the competent US court dismissed the motion and ruled for the plaintiff, after which an amicable settlement has been achieved, by force of which the seaman was paid a considerable compensation.

March 21, 2016/by Ioannis Pavlakis