Judge Awards $1,851,966.32 to Injured Deckhand
Posted on October 26, 2023A Federal Indiana District Judge awards $1,851,966.32 to our injured client, a Deckhand. The pre-trial offer to settle was $650,000. The former deckhand of Evansville Marine Services, Inc. (“EMS”) lost two fingers in a traumatic incident on the Ohio River on January 2, 2020.
On the day of the incident, EMS’s vessel, the M/V Loyd C. was operating on the Ohio River near Owensboro, Kentucky at the Owensboro Grain dock. It was a windy day, the water level was high, and the M/V Loyd C. manned by the Vessel Master and only one Deckhand. The Vessel Master was down-streaming as they approached the dock at a faster pace than normal. The Deckhand was forced to lay down on the deck and reach down to grab an O-ring on the dock when the barge swung in fast, landed, shook the dock, and causing the ring to fall and crush the Deckhand’s left hand. The injury resulted in the total amputation of two of the Deckhand’s fingers.
The Court found EMS liable under the Jones Act. The Court also found that EMS’s M/V Loyd C was unseaworthy at the time of the injury in that it failed to have two Deckhands onboard. EMS sought to limit its liability to the value of the vessel under the Limitation of Liability Act. The Court denied the Limitation of Liability claim.
“Our client followed his training, EMS’s policies, and the vessel Master’s orders and as a result his life changed forever,” said attorney Brad Lakin. “Over decades, we have had the privilege of representing numerous injured maritime clients, and we are happy that we were able to get this result for our client,” said attorney Rob Schmieder II.
SL Chapman LLC is a nationally recognized firm who has an esteemed reputation for representing injured maritime workers.