Perdikouris v. THE S/S OLYMPOS

• Decision Date: 12 July 1960
• Docket Number: No. 440.,440.
• Citation: 185 F. Supp. 140
• Parties: Paraskevas PERDIKOURIS, Libellant-Petitioner, v. THE Liberian S/S OLYMPOS, her boats, tackle, apparel, etc.; C. Baegleris, heretofore designated as John Doe, a nonresident, individually and as master; Monovar Compania Navegacion, S.A., and Coulouthros, Ltd., both foreign corporations or associations, as owners and/or operators of the Liberian S/S Olympos, Respondents.
• Court: U.S. District Court — Eastern District of Virginia

185 F. Supp. 140

Paraskevas PERDIKOURIS, Libellant-Petitioner, v. THE Liberian S/S OLYMPOS, her boats, tackle, apparel, etc.; C. Baegleris, heretofore designated as John Doe, a nonresident, individually and as master; Monovar Compania Navegacion, S.A., and Coulouthros, Ltd., both foreign corporations or associations, as owners and/or operators of the Liberian S/S Olympos, Respondents.

No. 440.

United States District Court E. D. Virginia, Newport News Division.

July 12, 1960.

Burt M. Morewitz, Newport News, Va., for petitioner.

Walter B. Martin, Jr., Norfolk, Va., for respondents.

WALTER E. HOFFMAN, District Judge.

Before the Court for consideration is a plea of accord and satisfaction interposed by respondents. The original libel alleges four causes of action which, briefly summarized, may be characterized as (1) a claim for earned wages, including overtime and vacation pay, (2) a claim for "waiting time" pursuant to 46 U.S. C.A. § 596, § 597, (3) a claim for personal injuries occasioned by alleged negligence and unseaworthiness of the vessel on November 24, 1957, when libellant fell down a ladder, and (4) a claim for maintenance and cure.

On or about November 27, 1957, proctors for libellant notified respondents of their representation of libellant's interest. No action was filed, however, until July 3, 1958.

Following his injury at sea libellant was taken to the United States Public Health Service Hospital at Norfolk on November 28, 1957, where he remained until December 12, 1957, when he was discharged with the following comment:

"Not fit for duty. Fit for travel. Probably fit for duty in two to four weeks and may be examined at this facility at that time if desired."

Libellant, a Greek seaman employed aboard a Liberian flag vessel operated by a foreign corporation or corporations, was thereafter transported to Greece where he was treated from January 8, 1958, until the early part of March at the expense of the shipowner or its underwriter. On January 31, 1958, libellant received 2,000 drachmas on account of his claim; this being the equivalent of approximately $66.67. There is no contention that libellant's signature to the receipt of this sum constitutes a release.

On or about March 11, 1958, libellant visited the office of the attorneys for the shipowner in Athens, Greece, in accordance with written instructions furnished libellant by the attending physician, the latter's services having been made available by the shipowner's insurance carrier. Libellant requested another advance from the attorney, Daniolos, who replied that the advance would be given but that libellant would be required to sign and accompany two attorneys, Kairis and Gozadinos, to another place. On this same day libellant was introduced to Gozadinos, an attorney who at one time was associated with Daniolos and who thereafter frequently handled cases in conjunction with Daniolos, either as an opponent or associate. Gozadinos happened to be in the office of Daniolos awaiting his turn to confer as to other pending litigation when he was introduced to libellant.

It is apparent that Gozadinos made no independent investigation as to the merits of libellant's claim against the shipowners. On the following day, March 12, 1958, Kairis, representing the shipowner, Gozadinos, representing the libellant, and the libellant visited the office of a Justice of Peace and the following document was signed by libellant, the attorneys, the Clerk, and the Justice of Peace:

"Number 1392

"Compromise Act

"At Athens, today, March 12th, 1958, Wednesday, at 12:00 o'clock before me, John Ninios, Justice of the Peace in Athens, and in the presence of the Clerk, John Alexios, appeared Nicholas Th. Kairis, attorney, resident of Athens, (attorney's identification card No. 4057/58) acting in the present instance as attorney-in-fact of the owners of the cargo ship OLYMPOS, under the Liberian flag, and Paraskevas George Perdikouris, resident carrying seaman's registration papers No. 1844 A., appearing together with his representative attorney Emmanuel Gozadinos (attorney's identification card No. 2647/57) resident of Athens, and they declared the following:

"Paraskevas G. Perdikouris declared that, having served on the above mentioned ship as oiler, for total monthly wages of £57.10.0, suffered, because of an accident during the performance of his duties and at the time he was working in the engine room of the above mentioned ship, metatraumatic arthritis of the right knee joint with dropsy. That having been discharged from the ship at Norfolk on 11-26-1957 in order to continue his treatment, which he had also undergone before his discharge, he was admitted to a hospital where he was treated at the expense of the owners of the ship. Afterwards, he arrived in Greece where it was necessary for him to receive further treatment for some time for a complete cure. That his treatment for the above mentioned reasons and his temporary total disability to work from

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