Attorneys at JJBY have secured the dismissal of a Jones Act lawsuit filed against an inland tank barge operator by one of its employees.The plaintiff, a shoreside tankerman, was injured while loading his employer’s barge at a dock on the Mississippi River.  Seeking recovery under the Jones Act and for the alleged unseaworthiness of the barge, plaintiff claimed that in addition to loading and unloading his employer’s barges, he also assisted the crews aboard his employer’s tugs make up and break tows on a regular basis.  Through discovery, testimony was obtained that contrary to the normal tug crew, plaintiff never took his meals aboard his employer’s vessels, was not assigned a bunk aboard the vessels, and on each occasion he was aboard his employer’s tugs, was required to sign a visitor’s log.  Unlike the tug crew, plaintiff received his work orders from a shoreside dispatcher and would drive to the dock facility where his work was to be performed and returned home each day.  Based on this evidence, a Motion for Summary Judgment was filed arguing that plaintiff did not have the required connection to a vessel that was substantial in terms of both its nature and duration to be a seaman.  The state district court judge in the 19th Judicial District Court where plaintiff’s claim had been filed agreed and dismissed plaintiff’s claims against his employer. 

If you have any questions or would like to obtain more information about this case, contact Edward S. Johnson or Allan C. Crane.