Jury Question For Both Negligence And Unseaworthiness When Other Crew Members Let Go Of A Line.
JOHN MULLETT v. SABINE TRANSPORTATION CO., Owner and/or Operator of SS SAG RIVER
CIVIL NO. 02-12014-RGS
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
2004 U.S. Dist. LEXIS 11262
June 21, 2004, Decided
PROCEDURAL POSTURE: Plaintiff merchant seaman sued defendant employer, the operator of a cargo vessel, for Jones Act negligence, unseaworthiness, and maintenance and cure. The employer moved for summary judgment asserting that the seaman could not prove that a defect or condition of the ship played a part in his accident, that his claim for maintenance and cure was satisfied, and that the foundation of the Jones Act claim rested solely on conjecture.
OVERVIEW: The seaman was injured when, just as he was trying to put the eye of a mooring line over a bollard, the Bulgarian crew members let go of the line, causing it to jerk the seaman's arm that was, at that moment, through the eye. The seaman's account, which began with the line being held fast by the Bulgarians and ended with the line suddenly in free play, was sufficient to warrant a jury, if it credited his testimony, in finding negligence on the part of the Bulgarian crew members. If the jury also found that letting go the line caused the seaman's injury, the employer was liable. The employer argued that by claiming that the accident was caused by human error, the seaman admitted that no physical condition caused his injury, and thus, no basis existed for a claim for unseaworthiness. While the evidence depended largely on the seaman's opinion of the seamanship of the Bulgarians, if the seaman persuaded the jury that the employer had employed an inexperienced crew who could not understand the operating language of the ship, it could also have found that the employer was responsible for a defect in the ship wholly apart from the momentary negligence that resulted in his injury.
OUTCOME: The court denied the employer's motion for summary judgment on the Jones Act negligence claim and the claim for unseaworthiness; the claim for maintenance and cure was deemed waived.
