SUMMARY JUDGMENT GRANTED IN FAVOR OF CRUISE SHIP BECAUSE THERE WAS NO EVIDENCE THAT THE CRUISE SHIP KNEW OR SHOULD HAVE KNOWN OF THE ALLEGED UNSAFE WORKING CONDITION.
MIODRAG PLESHA, et al., Plaintiffs v. M/V INSPIRATION, et al., Defendants
Civil No. 04-1764(SEC)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO
419 F. Supp. 2d 67; 2006 U.S. Dist. LEXIS 8244
February 23, 2006, Opinion Filed
PROCEDURAL POSTURE: Defendant former employer, a cruise ship owner, filed a motion for summary judgment in plaintiff former employee's action, which alleged failure to make the required payments for maintenance and cure benefits, and unearned wages, negligence under the Jones Act, 46 U.S.C.S. ยง 688 et seq., and unseaworthiness of certain of the employer's vessels.
OVERVIEW: The employee was a waiter aboard three different ships. He claimed that he suffered pain in both knees, as well as on his right shoulder and elbow, because he was required to repeatedly and continuously carry an extremely heavy 20-course tray, while repeatedly having to squat, bend, and crouch while carrying the tray through the narrow passageways of the ships. The court held that the employer paid the employee the amount for maintenance and cure that it was required to pay under an agreement which the employee signed. The court also held that the employer's payment of unearned wages until the end of the employee's last voyage complied with the terms and conditions of the agreement. The court held that the employer was not liable for negligence under the Jones Act because there was no evidence that the employer knew or should have known of the alleged unsafe working condition. The court also held that, as to the unseaworthiness claim, the employee failed to present any evidence that the passageways, ceilings, and doorways of the ships were not reasonably fit for the intended use.
OUTCOME: The court granted the employer's motion for summary judgment, dismissing the employee's claims with prejudice.
