Articles Tagged with Maritime Law

pexels-eray-karatas-756165405-28428022-683x1024In a case stemming from the aftermath of the Deepwater Horizon oil spill, the Louisiana Court of Appeal, Fourth Circuit, recently reversed a trial court’s summary judgment, highlighting the complexities in determining a worker’s status in maritime injury cases.

The case, Nathaniel Smith v. H&E Tugs LLC and Lawson Environmental Service LLC, centers around whether Nathaniel Smith, the injured worker, qualifies as a seaman under the Jones Act or an employee under the Longshore Harbor Workers’ Compensation Act (LHWCA).

Case Background:

pexels-lukas-hartmann-304281-1719475-1024x700In 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.

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