Summary Judgment For Jones Act Employer On Cross-Claim From Barge Cleaning Company Denied Where Employee Fell Into An Open Manhole And Genuine Issues Existed As To Whether Jones Act Employer Provided Adequate Training Or A Safe Work Environment.
JACOB RILEY, SR. versus T.T. BARGE CLEANING, INC.
CIVIL ACTION NO. 02-2531 SECTION "C" (2)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2003 U.S. Dist. LEXIS 5738
April 4, 2003, Decided
April 7, 2003, Filed, Entered
DISPOSITION: Intervenor/Defendant's, McKinney Towing, Inc.'s Motion for Summary Judgment dismissing Cross-Claim asserted by Defendant, T.T. Barge Cleaning, Inc. DENIED.
PROCEDURAL POSTURE: Plaintiff employee sued defendant barge cleaning company to recover damages for an accident and injuries allegedly sustained when he fell into an open manhole on a barge at the company's cleaning facility. The cleaning company filed a cross-claim against the employee's Jones Act employer. The employer moved for summary judgment dismissing the cross-claim.
OVERVIEW: It was undisputed that in general the employer's crew bore no responsibility for closing manhole covers on the barge cleaning company's vessels. However, genuine issues of material fact existed as to whether the employer failed to take reasonable measures to provide the employee with a safe work environment and to adequately train him to avoid non-daylight work hazards.
OUTCOME: The employer's summary judgment motion to dismiss the cross-claim was denied.
