Cruise Ship Law

RICHARD L. TAYLOR, Plaintiff-Appellee, v. TECO BARGE LINE, INC., Defendant-Appellant.

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
2008 U.S. App. LEXIS 3497; 2008 FED App. 0085P (6th Cir.)
February 20, 2008, Decided

PROCEDURAL POSTURE: Plaintiff former deckhand sued defendant former employer alleging claims under the Jones Act, 46 U.S.C.S. § 688 et seq., and general maritime law. A jury returned a verdict in favor of the employee and awarded him $ 1 million dollars in damages. The United States District Court for the Western District of Kentucky discounted the award and denied the employer's motions for judgment as a matter of law and for a new trial. The employer appealed.



OVERVIEW: The deckhand developed a skin rash after he was ordered to clean out a water tank. The deckhand was given no protective equipment and emerged from the tank covered in dust. He sought medical treatment but the rash continued to worsen. About three years later, the deckhand was again ordered to cleaned the tank and again he developed a reaction. The other employees who cleaned the tank with him also suffered chemical burns. The deckhand sued for personal injuries due to his exposure to coal tar that left him with a permanent, severe skin reaction. The appellate court found that even if the admission of the 2006 photographs was error, the admission did not alter the outcome of the trial because there were uncontested photographs from 2003 which also showed the inflamed condition of the deckhand's skin. The district court did not abuse its discretion when it admitted the material safety data sheets. Even if OSHA did not apply, the testimony regarding OSHA would not have affected the unseaworthiness claim. The jury instructions provided the employer with ample opportunity to establish cleaning substance's harmlessness. The jury's award was supported by the evidence presented.



OUTCOME: The judgment was affirmed.