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Posted in Barge Accidents,Florida Maritime News,Maritime Lawsuits,New York Maritime News on October 11, 2012
U.S. DISTRICT COURT EASTERN DISTRICT OF NEW YORK — Maritime lawyer, Gordon & Elias, LLP, represent a Florida seaman who was injured onboard the Sea Horse I while employed by Moran Towing Corporation at the time of the incident.
GENERAL
ALLEGATIONS:
The incident occurred on November 14, 2010 where the PLAINTIFF was employed as a Mate with Moran Towing Corporation aboard the Sea Horse I. PLAINTIFF was going about his duties working alone securing the Sea Horse I with a barge using a wet, heavy line (approximately 5” in diameter and 200 feet long) from the stern of Sea Horse I. Suddenly and without warning, the captain of the Sea Horse I started moving the vessel causing an increase wash which caused the stern line to be dragged back off the barge and against PLAINTIFF as he struggled to pull it onboard.
PLAINTIFF:
PLAINTIFF is a 55 year old resident of Pensacola, Florida. He has been married to his wife for 32 years and they have one child living at home with them. PLAINTIFF is currently disabled due to this incident.
INJURIES
SUSTAINED:
PLAINTIFF sustained a work related injury when pulling in a large ship line with onset of right shoulder pain. He was seen at Staten Island Emergency Room where it was determined that he had suffered a rotator cuff tear. He underwent rotator cuff repair. During physical therapy, PLAINTIFF was required to participate with heavy lift/carrying therapeutic activities requiring that he undergo a revision of the right shoulder rotator cuff repair.
DEFENDANT:
Moran Towing Corporation maintains their corporate headquarters in New Canaan, Connecticut.
COMMENTS:
Tug boat injuries are compensable through provisions of the Jones Act and the general maritime law, which allows injured seamen to collect damages directly related to an injury, covering medical expenses, lost wage replacement and pain and suffering.
Because seaman are not covered by workers’ compensation laws, the federal Jones Act provides a remedy for injured semen and maritime workers. Under the Jones Act, an injured seaman may recover damages for medical expenses, future medical expenses, lost wages, loss of earning potential or capacity, economic losses, pain and suffering, disfigurement, disability, and other damages that flow from the injury.
However, unlike workers’ compensation statutes under state law, a seaman must demonstrate fault to make a recovery under the Jones Act. Under the general maritime law, a seaman does not have to prove fault, but must prove the vessel was not reasonably fit for its intended use.