Case Study: The “Disabled” Bosun
The Claim: A 34-year-old Bosun alleged a “career-ending” L5-S1 lumbar herniation following a heavy weather incident. The demand under the Jones Act was $3M for lost future wages and “maintenance and cure,” claiming total inability to walk without assistance.
The Digital Discovery
Shipboard surveillance was overwritten after 30 days, a common issue. However, we issued targeted discovery for the claimant’s digital footprint on board.
We successfully compelled the production of:
- Shipboard WiFi Logs: MAC address triangulation showed the claimant’s device moving rapidly between Deck 3 (Crew Mess) and Deck 11 (Pool) during reported “bed rest” periods.
- Shore Leave Transactions: Credit card metadata placed the claimant at a nightclub in Cozumel at 2:00 AM, 48 hours after the alleged incident.
- Social Scrapes: Geo-tagged imagery from a “burner” social account showed the claimant jet-skiing during medical leave.
The Impeachment
We visualized this data on a timeline against the deposition transcript. Faced with the WiFi triangulation data proving mobility inconsistent with the injury, the plaintiff’s counsel agreed to a nuisance value settlement to avoid a counter-claim for fraud.