which was off limits to all unauthorized persons, without any exceptions.
15. On the door at the top of the stairs leading to the bridge there was a sign that stated "off limit."
16. On March 17, 1991, the ship's steward, Mr. Abdul Mutalib, took the plaintiff, Urvashi, to the bridge of the vessel.
17. At the time in question the duty watch officer was on the bridge together with the duty helmsman. The duty watch officer's duties included enforcing the ship's rules that the Bridge of the ship was off limits to all unauthorized persons.
18. At approximately 4:00 p.m. while the plaintiff and Mr. Mutalib were on the bridge, the helmsman picked up plaintiff Urvashi and placed her on a ledge in front of the clear view screen on the bridge.
19. The purpose of the clear view screen is to provide a clear view for the vessel's officers and crew standing watch on the Bridge. The clear view screen keeps off rainwater. It was raining at the time of the accident and the clear view screen was turned on and revolves at a high rate of speed.
20. The helmsman of the vessel showed the minor plaintiff how to put her hand on the clear screen a part of a "game." He feigned putting the palm of his hand on the clear screen and asked her to do likewise. When minor plaintiff placed her hand on the clear view screen, her right hand and portions of her arm were injured. The helmsman fainted on the bridge.
21. The defendant admits that the acts of the helmsman and steward were negligent. The steward was taking tea to the duty officer on the bridge at the time just before the accident.
22. The duty officer, who is in charge of the bridge, did not stop the helmsman and steward from acting negligently. The duty officer should have known of their permitting the minor plaintiff to play on the bridge.
23. The duty officer, acting for the defendant, breached the duty of care owed to plaintiffs by permitting the minor plaintiff to be on the bridge, an unauthorized area, and on the ledge in front of the clear view screen. The duty officer should have known of the minor plaintiff's presence on the bridge.
24. The duty officer's failure to stop the helmsman's and steward's negligent acts was a substantial factor in bringing about the harm to the plaintiff.
25. Plaintiff's injury was proximately caused and caused in fact by defendant's breach of duty owed to plaintiff.
26. It was reasonably foreseeable to the duty officer that plaintiff was in danger of sustaining injury on the bridge in general and on the ledge in front of the clear view screen in particular.
27. Plaintiff's hand bled profusely, a tourniquet was applied to stop the bleeding. Upon examination it was found that the flesh around her wrist was torn apart and her thumb and palm were torn by the impact. The ship's crew attempted to stop the bleeding.
28. The United States Coast Guard was contacted for emergency treatment instructions. The Coast Guard instructed the vessel to divert its course so that the child could be evacuated for further medical assistance.
29. At the time of the accident the vessel in international waters of the Atlantic Ocean.
30. The vessel was diverted to Antigua where the plaintiff, her mother and her brother were evacuated from the vessel.
AFTER LEAVING THE SHIP
31. On March 20, 1991, the plaintiff received emergency treatment at the Holberton Hospital before leaving Antigua. Antigua could not provide full medical attention and arrangements were made with the approval of the defendant for the plaintiffs to enter the United States at San Juan and then fly to New York with minor plaintiff to undergo emergency medical treatment.
32. The plaintiffs were met in New York by relatives who are medical doctors who are plaintiff's aunt and uncle.
33. Defendant's Protection and Indemnity Association arranged for the payment of some of minor plaintiff's medical expenses.
34. Plaintiff was admitted to Huntington Hospital, in Huntington, New York.
35. Plaintiff has been treated by Dr. Jerry L. Ellstein, Assisting Clinical Professor of Orthopaedic Surgery at the State University of New York at Stony Brook.
36. Since March 20, 1991, when the plaintiff entered the United States, she has undergone six (6) operations:
a. Minor plaintiff was admitted for surgeries to Huntington Hospital on March 21 and discharged on April 4, 1991. Dr. Ellstein performed the operation to clean minor plaintiff's right hand wounds on March 21, 1991. A second operative procedure performed on March 23, 1991, which consisted of a dressing change, and tendon grafting. A third operation was performed on March 26, 1991, by Dr. Ellstein, which included applying a pedicled groin flap to the hand.
b. She was admitted again on April 25, 1991, and operated on April 26, 1991, for detachment and insetting of the flap closure of the donor site. She was discharged on April 27, 1991. The operation leaves a groin area scar.