On January 3, U.S. District Judge Jane Triche Milazzo awarded more than $630,000 to a former seaman who claimed he got injured while working aboard a vessel owned by Marquette Transportation.
In May 2015, the seaman's face was injured while using a grinder on the underside of an overhead deck aboard the M/V Ross Salvaggio. According to the lawsuit filed, the grinder hit a rust pocket, making the victim lose control of the grinder when it jerked back and hit his face knocking him down right away. He cited the Jones Act and claimed negligence, unseaworthiness and maintenance, and cure in his lawsuit. As per the court documents, "the Jones Act creates a cause of action for negligence when a seaman is injured in the course of his employment. An employer is liable under the Jones Act if the negligence of its employees played any part, even the slightest, in causing the injury or death for which damages are sought." He was awarded $138,835.50 for past loss of earnings, $318,106.64 for loss of future earning capacity, $65,250 for medical expenses in the future, and $112,500 for general damages.
The expert testimony for the victim stated, Marquette was responsible for not providing adequate safety equipment to the seaman for grinding rust spots located above the head; grinding the rust spots with a 7-inch grinder was an unsafe way of working; the vessel's unseaworthiness was a crucial factor for the victim's severe condition. Marquette's marine ergonomic expert testified had the victim been wearing a face mask at the time of the accident, the grinder would have hit the mask and not his face, thereby circumventing the mouth injuries.
