Jones Act Case Spotlight – Smith vs Weeks Marine

admin — Thu, 04 Feb 2010 22:12:54 +0000

The plaintiff-appellee, Clarence Smith (Mr. Smith), sustained multiple injuries while quartered on the barge of the defendant-appellant, Weeks Marine, Inc. (Weeks). In June of 2005, Mr. Smith was awakened after midnight by two other crew members who dragged him from his bunk and severely beat him. Mr. Smith filed a petition naming as defendants the two attackers and Weeks, the barge owner/employer. He subsequently amended his petition to add the employer/payroll company, apparently a subsidiary of Weeks, Atlantic Sounding Company, Inc. (Atlantic). Mr. Smith alleged Jones Act negligence and unseaworthiness of the vessel. He also claimed entitlement to maintenance and cure benefits as well as to damages and attorney fees.

http://www.youtube.com/watch?v=a2VTbbq40EM

Mr. Smith, Weeks, and Atlantic filed cross motions for summary judgment. The trial court granted Mr. Smith a partial summary judgment on the issue of Weeks’ failure to provide a seaworthy vessel. The trial court denied the motions for summary judgment of Weeks and Atlantic which were based upon Jones Act negligence and seaworthiness. Weeks filed this appeal. We affirm the judgment of the trial court.

Read the case review and affirmation from Leagle.com – SMITH vs WEEKS MARINE, INC.

SMITH v. WEEKS MARINE, INC.

CLARENCE SMITH,
v.
WEEKS MARINE, INC., ET AL.

No. 09-980.

Court of Appeals of Louisiana, Third Circuit.

February 3, 2010.

MARK GERARD ARTALL, Counsel for: Plaintiff/Appellee — Clarence Smith.

KEVIN REEVE DUCK, Duck Law Firm, Counsel for: Plaintiff/Appellee — Clarence Smith.

MATTHEW FRANCIS POPP, Waits, Emmett & Popp, L.L.C., Counsel for: Defendant/Appellant — Weeks Marine, Inc.

Court composed of THIBODEAUX, Chief Judge, SAUNDERS, and GENOVESE, Judges.

THIBODEAUX, Chief Judge.

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Jones Act Case Spotlight – Smith vs Weeks Marine