Background:  Plaintiff, David R. Mayne, was employed by defendant, Omega Protein, Inc. ("Omega").  Mayne was injured while working for Omega and filed suit under the Jones Act and general maritime law.

Mayne worked as a seaman aboard the F/V Cote Blanche Bay, a commercial fishing vessel. On July 2, 2007, Mayne was struck in the face by a large steel ring attached to a fishing net. He sustained injuries and other damages.

Mayne claimed his injuries and resulting damages were caused by the negligence of his fellow employees and the unseaworthiness of the vessel. Mayne also sought maintenance and cure for failure to pay these benefits.  The cost of the surgery Mayne needed was $75,000.  In support of Mayne's suit, the Captain of the vessel stated that Mayne was standing where he should have and did not contribute in any way to his injury.

Omega denied that the incident on July 2 was caused by any malfunction of the vessel's equipment or any negligence by Omega or its employees.  Omega contended Mayne's injuries were caused by his inattention to duty. Further, Omega questioned Mayne's right to past maintenance and cure.

Mayne has not returned to work since the accident.

Issue: Whether the Court will award Mayne damages for (1) negligence under the Jones Act, (2) unseaworthiness under general maritime law and/or, (3) maintenance and cure.

Held:

Omega breached their duty to provide a secure workplace under the Jones Act, and that breach caused Mayne's injury. The captain failed to adequately inspect the vessel, and thus, Omega is vicariously liable under the Jones Act for negligence.

The Court held that Omega breached its duty to provide Mayne with a safe place to work. There were no safety procedures in place to protect against accidents such as Mayne's. Mayne's injury was proximately caused by the defective condition of the vessel. Thus, the vessel was unseaworthy.

Under the Jones Act and general maritime law, Mayne can recover for past, present, and future loss of earning capacity and wages, medical expenses, and pain and suffering caused by Omega's negligence and unseaworthiness. The Court held Omega must compensate Mayne for all the above-mentioned damages.

The Court stated that for Mayne to collect maintenance and cure, he must prove (1) that he was injured in the course of his employment aboard the vessel; (2) that Omega failed to pay maintenance and cure; and (3) that Omega's failure was willful and arbitrary.  Mayne produced evidence that he was entitled to maintenance and cure. Thus, the Court held that Omega must pay Mayne.

Comments:

To recover under the Jones Act, an employer's negligence must be the cause, in whole or in part, of the employee's injury.  A cause of action arises when the employer's duty is breached and the breach brings about the injury.  Only seamen are allowed to bring suit under the Jones Act. Those who work ashore can recover under the Longshore and Harbor Workers Compensation Act ("LHWCA").

To establish a claim for unseaworthiness, the injured seaman must prove that the owner has failed to provide a vessel, including her equipment and crew, which is reasonably fit and safe. The duty of the vessel owner is to provide a seaworthy vessel. This is a non-delegable duty. To recover for damages for an unseaworthy condition, the plaintiff must establish the unseaworthy condition was a proximate cause of the injury.

A seaman injured in the course of his employment has a claim for maintenance and cure. Maintenance is defined as the seaman's rights to food and lodging. Cure is the seaman's right to necessary and appropriate medical services. Both maintenance and cure will be given until the seaman reaches maximum medical improvement.

Steve Gordon
http://www.offshoreinjuries.com