Cruise Ship Law

LUCKY STEVENS VERSUS OMEGA PROTEIN, INC.

CIVIL ACTION No: 00-3326 SECTION "T" (2)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OFLOUISIANA
2005 U.S. Dist. LEXIS 537
January 11, 2005, Decided
January 13, 2005, Filed; January 13, 2005, Entered

PROCEDURAL POSTURE: Plaintiff seaman was injured while working aboard a vessel owned by defendant employer. The seaman filed an action pursuant to the Jones Act, 26 U.S.C.S. app. § 688, and general maritime law seeking compensation for his injuries. The court conducted a bench trial, in admiralty, and entered its findings and judgment.

OVERVIEW: While working on a fishing boat, the seaman was struck in the back by a hydraulically operated galvanized steel block. His last treating physician reported that he suffered a 15 to 20 percent permanent partial total body medical impairment, which would limit his ability to work. The seaman's economic expert concluded that he would lose between $203,435 and $267,254 in wages, as a result of his physical impairments. The court found that the employee who operated the block was negligent, as was the rest of the crew for failing to warn the seaman of the impending danger created by the block operator. The employer could be held liable and was negligent through the actions of its boat crew; their incompetence also rendered the boat unseaworthy. The court found no contributory fault on the seaman's part. The seaman was entitled to recover unpaid maintenance and cure benefits and was also entitled to recover damages for pain and suffering and for past and future lost wages. He was not entitled to attorney's fees because he failed to show that the employer's denial of maintenance and cure benefits was egregious.

OUTCOME: The court entered a judgment for the seaman and ordered the employer to pay him $629,656.64, together with interest from the date of the judgment. It held that the seaman was not entitled to attorney's fees. The court declined to award prejudgment interest.