SUMMARY JUDGMENT ON JONES ACT NEGLIGENCE, UNSEAWORTHINESS, AND MAINTENANCE AND CURE DENIED WHERE SEAMAN AND EMPLOYER PRESENT DIFFERING TESTIMONY AS TO HOW ACCIDENT OCCURRED.
LONNY PELLEGRIN VERSUS INTCO INC.
CIVIL ACTION NO. 01-2066 SECTION "A" (1)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2002 U.S. Dist. LEXIS 5252
March 20, 2002, Decided
March 21, 2002, Filed
DISPOSITION: Defendant's motion for summary judgment denied.
OVERVIEW: Seaman employed aboard tug pushing barge was ordered by tug's operator to tighten the cables that secure the tug to the barge at which time the seaman discovered that the winch was cracked. Shortly thereafter, the barge began to separate from the tug. The seaman was then instructed to jump over to the barge to get some rope to secure the barge to the tug. As the rope was being retrieved by the seaman, it got caught on the bottom of a shed door which the seaman then kicked to free the rope, simultaneously slipping on a puddle of oil. The seaman filed suit alleging Jones Act negligence and unseaworthiness. His employer moved for summary judgment alleging that the seaman was injured by kicking the door in anger rather than attempting to free the rope with his hands. In support of its summary judgment, the employer submitted affidavits that the seaman had kicked the door in anger when he slipped. The court concluded that it could not grant summary judgment where the facts of the incident were in dispute.
OUTCOME: The employer's motion for summary judgment was denied.
