SEA CAPTAIN RECOVERS $770,190.33 FOR OPERATED HERNIATED DISC PLUS INTEREST
HADWICK STERLING McGUIRE v. ENSCO MARINE COMPANY
CIVIL ACTION NO. G-99-380
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
2001 U.S. Dist. LEXIS 5288
April 20, 2001, Decided
PROCEDURAL POSTURE:Plaintiff, sea captain, sued defendant, marine company and plaintiff's employer, in a Jones Act and general maritime law action alleging that defendant's negligence and the unseaworthiness of the vessel on which he was working caused plaintiff to sustain low back and neck injuries. The matter came before the court for a non-jury trial.
OVERVIEW:Having considered all the pleadings, submissions, and applicable law, the court made its findings of fact and conclusions of law and entered judgment for plaintiff. The court found that the failure to have chafing gear on board, the engineer's negligently grabbing the wrong lever which caused the towed barge to drift out of control, the failure to conduct a job safety analysis, and the captain's allowing crew to pull lines using a J-hook instead of the tugger contrary to the safety policy, all contributed to cause plaintiff's injuries. The lack of non-skid paint on the deck from the wear of the tow cable constituted an unseaworthy condition which contributed to cause plaintiff's injuries. The court believed plaintiff's testimony that he was injured when he was helping to connect an emergency tow cable. The medical testimony was that plaintiff suffered a herniated disc, he required surgery, and his injury was permanent. The court entered an award of $770,190.33 plus interest.
OUTCOME:The court found for plaintiff and entered an award against defendant together with pre-judgment and post-judgment interest.
