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ZACKEY v. AMERICAN EXPORT LINES

July 3, 1957

Jack ZACKEY, Plaintiff,
v.
AMERICAN EXPORT LINES, Inc., Defendant



The opinion of the court was delivered by: EDELSTEIN

Findings of Fact

1. As of June 1953, prior to plaintiff's employment aboard the s/s Constitution, an examination by the ship's doctor revealed that plaintiff had only 9 teeth remaining in his mouth out of a possible full set of 32.

2. On or about May 15, 1953, the plaintiff's family physician, Dr. DeChesney, advised the plaintiff that he should be hospitalized for one month to eliminate a possible peptic ulcer condition and that he would be unfit for duty for three months.

 3. On June 12, 1953, the plaintiff underwent a physical examination prior to employment aboard the s/s Constitution, but withheld the fact that on May 15, 1953, he had been declared unfit for duty for three months because of a suspected peptic ulcer condition.

 4. On June 12, 1953, plaintiff signed articles aboard the s/s Constitution, in a Deck Maintenance rating, and the s/s Constitution sailed from New York on June 13, 1953, on a Mediterranean run.

 5. On June 14, 1953, plaintiff complained to the Assistant Ship's Surgeon, Dr. Christiensen, that he had a pain in the epigastric region of three days' duration, for which he was treated.

 6. Such epigastric pain of three days' duration reported on June 14, 1953, predated plaintiff's signing on the s/s Constitution.

 7. On June 16, 1953, plaintiff again complained to Dr. Christiensen of epigastric pain and received treatment for the condition.

 8. On June 18, 1953, plaintiff complained to Dr. Christiensen of a toothache and was treated for the condition.

 9. On June 19, 1953, plaintiff complained of palpitation in the chest and was examined by Dr. Christiensen, who found no abnormal symptoms other than a rapid heart beat.

 10. On June 21, 1953, plaintiff complained of a painful lower front tooth and requested a letter to authorize a visit to a shoreside dentist. Plaintiff was referred to the Ship's Chief Surgeon, Dr. Alspach.

 11. On June 22, 1953, Dr. Alspach extracted a left front tooth of plaintiff and prescribed after-treatment for the oral surgery.

 12. On June 27, 1957, plaintiff requested and received a refill of his prescription for post-extraction therapy.

 13. On June 28, 1957, plaintiff was admitted to the crew hospital for mental observation ...


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