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O'Connor v. Chandris Lines, Inc.

United States District Court for the District of Massachusetts

566 F. Supp. 1275 (1983)

Facts

Kevin O’Connor and Marion O’Connor (plaintiff) went on the cruise ship Victoria, which was owned and controlled by Chandris Lines, Inc. (defendant). The O’Connors were assigned to and were the only occupants of cabin E-57. Their cabin had two wooden bunk beds situated on top of each other. Kevin slept in the upper bunk, and Marion slept in the bottom bunk. Kevin weighed approximately 210 to 215 pounds. On the third night, while they both slept in their respective bunks and while the sea was calm, Kevin’s upper bunk suddenly and without warning broke from its mounting and fell directly on top of Marion as she slept in her bunk below. Marion sustained injuries to her head, chest, arm, and leg. Marion sued Chandris Lines for negligence. None of the crew of Chandris Lines testified about the condition of the cabin or the bunks prior to the accident. There was no evidence of how long the Victoria was in service. In addition, there was no evidence of how long the bunks in cabin E-57 had been in service or the last time they had been surveyed or inspected. The only people in cabin E-57 when the bunk collapsed and fell were Kevin and Marion.

Rule of Law

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Holding and Reasoning (Julian, J.)

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