|Jones Act - Federal Circuits' & State Decisions|
|Sunday, 04 October 2009 14:43|
Case Name: David Anthony Mier v. Wood Towing LLC, et al.
Date Decided: September 9, 2009
Court: U.S.D.C. Eastern District of Louisiana
Judge: Judge Lemmon
Citation: 2009 WL 2922315 (E.D.La.)
Wood Towing has moved for partial summary judgment dismissing the negligence and unseaworthiness claim while ARTCO moved for summary judgment to dismiss Mier's claims under general maritime law.
Mier's co-worker testified that the puddle did not appear to be slippery and Mier further contended that Wood Towing had a duty to inspect the barge prior to plaintiff's fall.
The Court dismissed Mier's claims of unseaworthiness but denied Wood Towing's motion for summary judgment against Mier's Jones Act claims.
Second, ARTCO denied owing a duty to Mier because it was unaware of any hazardous condition on the barge at the time of plaintiff's accident and because it had no way of knowing that such existed.
Accordingly, this Court denied ARTCO's motion for summary judgment because it was unable to determine, based on the facts presented, whether ARTCO had a duty to Mier.
The plaintiff here was able to introduce evidence creating genuine issues of material fact whether the defendant had a duty to inspect and make sure the barge, owned by a third party, was safe to work on.
|Last Updated on Thursday, 15 October 2009 17:54|