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Posted in Fishing Vessel Accidents,Jones Act,Louisiana Maritime News,Maritime Lawsuits,Mississippi Maritime News on November 8, 2010
USDC FOR THE EASTERN DISTRICT OF LOUISIANA – 
Louisiana maritime lawyer, Gordon, Elias & Seely, LLP represent a 32 year old man from Tifton, Georgia, who suffered injuries as a result of a incident which occurred on or about September 11, 2010 in Pascagoula, Mississippi. Plaintiff sustained severe and permanent personal injuries when, after loading supplies onto the M/V Poul Deau, he stepped down into the vessel and caught his boot on a board underneath a toolbox which had been permanently and negligently installed into the bow of the vessel. At all times relevant, Plaintiff was employed as a Captain by Defendant, was in the course and scope of this employment, and was a member of the crew of the M/V Poul Deau which was owned and/or operated by Defendant, COUVILLIAN GROUP, LLC.
GENERAL ALLEGATIONS:
On or about September 11, 2010, Plaintiff was captain of the M/V Poul Deau and was working for BP cleaning up oil by putting up hard and soft booms. Plaintiff was loading supplies onto the vessel from the dock. The vessel was not tied up and was in a slow forward while pushing against the dock. The sea was calm. The Captain stepped onto the vessel and was making his way to the center console in order to operate the vessel.
The vessel had been refitted after sinking two weeks prior. There was a toolbox measuring 2ft wide by 2ft high by 6ft long installed in the bow area. The bottom of the vessel was sloped going downward to aft, so the carpenter had installed a 2 x 4 the length of the toolbox standing on its thin edge so that the toolbox would be level. A portion of the 2 x 4 was sticking out from under the toolbox – it was not flush. Immediately aft of the toolbox was a wooden box housing two fuel tanks. Immediately aft of the wooden box was the center console. As the client was moving aft to the center console, he stepped in between the toolbox and the wooden box, his boot caught the 2 x 4 and he turned his leg, falling to the starboard side of the vessel causing him to sustain a serious injury.
PLAINTIFF:
Plaintiff is a 32 year old man that was working as a captain. He is married with three small children and is currently disabled due to this incident. He is a resident of Tifton, Georgia.
INJURIES SUSTAINED:
When the Plaintiff tripped over the platform and stepped on the board, the back of his foot caught the box and rolled him over causing injuries to his left foot including nerve damage, fractured tibia and a sprained ankle. Plaintiff has been treating with Georgia Sports Medicine.
DEFENDANT:
COUVILLIAN GROUP, LLC
This defendant is a Louisiana corporation whose principle place of business is in Belle Chasse, Louisiana
COMMENTS:
There was a witness to the accident, Levi Condiff, a fireman in Mississippi. The Carpenter was Ed Madden.
In this particular matter, because the Plaintiff was employed by the Defendant vessel owner, this claim was brought under General Maritime law. General maritime claims include claims of Jones Act seamen as well as longshoremen against any responsible third party non-employers for negligence causing or contributing to injury or death. These claims also include claims of passengers and non-seamen for negligence resulting in damages while involved in traditionally maritime activities.
Maritime law covers legal affairs and dealings between ship owners, crewmembers, passengers and cargoes on the high seas and other navigable waters. The U.S. Constitution grants federal judicial power to all maritime law cases. The Judiciary Act of 1789 gave the federal district courts exclusive jurisdiction in maritime law cases and made the Supreme Court the final arbiter of admiralty law disputes. State courts are still allowed to hear some admiralty law cases.
The Jones Act allows an injured employee to file suit directly against their employer, and collect money damages, for any of their employer’s negligence which may have caused or contributed to the employee’s injury. If the company, or a co-employee, was at fault in causing or contributing to your accident and injury, as was the case in Ms. Griffin’s incident, you can collect compensation from your employer for your injury and damages. This law is very different than the general rule that an employee cannot sue their employer even if the employer caused his injury.
In order to recover under the Jones Act it must be proven that the employer or co- employees were negligent. The Jones Act is a fault based statute, meaning that you only collect damages if your employer was at fault. This fault can take many forms including the improper or unsafe acts of your co-employees, an unsafe workplace, or unsafe or improper instructions. It is often easy to show that the injury could have been avoided if the company acted in a safer manner.
The Jones Act allows an injured worker to sue his employer for:
Unlike the workers’ compensation scheme, maritime law allows for the recovery of maintenance & cure benefits. The failure of the employer to pay for a seaman’s medical care or his “down time” due to an injury or illness, may give rise to a claim for punitive damages under the Atlantic Sounding case decided by the United States Supreme Court. Often times the employee is not aware of these benefits. Also, the Jones Act offers an injured employee a far greater scope for recovery; but it is a fault based system as compared to workmans’ compensation which is not fault based. That is why you need representation early.
The Jones Act applies to employees who are injured in the service of a vessel or fleet of vessels, when they contribute to the mission of this vessel. Under current law, a vessel includes: jack-up rigs, semi-submersible rigs, ships, drill barges, drill ships, spud barges, hopper barges, tankers, tugs, towboats, river casino’s, tug boats, shrimp boats, fishing boats, trollers, crew boats, utility boats, supply boats, floaters, offshore support vessels, water taxies and a host of other types of vessels. If the injured worker is working aboard one of these vessels, and their work contributes, in any way, to the overall mission of that vessel, then they are entitled to sue their employers and/or co-employees for injuries.
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