Cruise Ship Law

Court Finds For Ship Operator And Against Seaman On Jones Act Negligence And Unseaworthiness Claims Based On Injury Allegedly Caused By Seaman Banging Knee On Lashing Device Protruding Into Walkway Where Court Found That Injury Could Be Caused By Repetitive Overuse And Exacerbated By Overweight.

LARRY EDGELL, Plaintiff, v. AMERICAN SHIP MANAGEMENT, LLC, Defendant.

No. C 00-2549 SI
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2002 U.S. Dist. LEXIS 15866
August 20, 2002, Decided
August 20, 2002, Filed

DISPOSITION: Judgment entered in favor of defendant.

PROCEDURAL POSTURE: Plaintiff maritime seaman filed a complaint against defendant ship management LLC, alleging causes of action for (1) negligence under the Jones Act, 46 U.S.C.S. § 688, (2) unseaworthiness as to its ship, and (3) for maintenance and cure.

OVERVIEW: While the seaman was walking on a catwalk inspecting containers, the electricity went out, the ship experienced a blackout, and he took one step and hit his right knee on a bent turnbuckle, a lashing device, which was protruding into the walkway. He testified that "it hurt," but that rubbed his right knee and shook it off. The court found the kind of plica syndrome plaintiff suffered could be caused by repetitive overuse and exacerbated by overweight. Under the Jones Act, the seaman had the burden of proving by a preponderance of the evidence the LLC was negligent and the negligence was a cause of his injury. He did not meet this burden. He did not prove, by a preponderance of the evidence, the LLC's negligence, if any, was a cause of his claimed knee injury. On the unseaworthiness claim, he did not prove by preponderance that the vessel was unseaworthy and its condition was a cause of his injury.

OUTCOME: The court entered judgment in favor of the LLC and against the seaman, since he failed to meet his burden of proof on any of his claims.