Louisiana Personal Injury Lawyer Blog
In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident where Mr. Collins, a deckhand on the vessel Derrick 62, sustained an injury while performing his duties.
Mr. Collins filed a lawsuit alleging he was injured while connecting pipes on a jetty in the Mississippi River. The task required the use of a chain binder, but the available equipment was inadequate. Mr. Collins, being the largest and strongest crew member, was asked to assist. During the process, another crew member struck the binder with a bar, causing injury to Mr. Collins’s thumb. Subsequently, Mr. Collins experienced neck and shoulder pain.
Great Lakes disputed the connection between the incident and Mr. Collins’s neck and shoulder complaints, citing independent medical examinations that found no relation.
The trial court granted Mr. Collins’s motion for partial summary judgment on the issue of liability, finding that he was a Jones Act seaman injured in the course and scope of his employment. The court reserved the determination of the extent of Mr. Collins’s injuries and their causal connection to the accident for trial.
Great Lakes appealed the trial court’s decision, arguing that the judgment was untimely and that there were genuine issues of material fact regarding liability and comparative fault.
The Court of Appeal addressed the timeliness issue, acknowledging that the trial court’s judgment was rendered less than twenty days before the trial date, contrary to the Louisiana Code of Civil Procedure. However, the court determined that this procedural error did not prejudice Great Lakes and did not warrant reversal.
Regarding liability, the Court of Appeal affirmed the trial court’s finding that Mr. Collins was a seaman under the Jones Act. It also concurred that Great Lakes was negligent due to the use of inadequate equipment for the pipe-joining task.
However, the court acknowledged the dispute regarding the causal connection between the incident and Mr. Collins’s neck and shoulder pain. It clarified that the trial court erred in finding in favor of Mr. Collins on the issue of liability concerning these specific injuries.
The Court of Appeal amended the trial court’s judgment to reflect that Great Lakes was 100% at fault in the accident but reserved the determination of causation and the extent of Mr. Collins’s injuries for trial.
This case highlights the importance of providing adequate and safe equipment for maritime workers under the Jones Act. It also emphasizes the need to establish a causal link between an incident and any claimed injuries to determine liability fully. While the court affirmed Great Lakes’s fault in the accident, the extent of their liability remains to be determined at trial.
Additional Resources: TRACY COLLINS VERSUS GREAT LAKES DREDGE AND DOCK CO., LLC OF LOUISIANA, ET AL.
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Jones Act Lawsuits: Can I Recover under the Jones Act if Rough Seas Cause a Back Injury and Who is a Seaman under the Jones Act Coverage? Enter the Chandris Test