The Jones Act, Seaman & Crescent Towing & Salvage case is about an alleged seaman that filed a lawsuit under the Jones Act in the United States District Court, E.D. Louisiana.
A brief summary of the Jones Act, Seaman & Crescent Towing & Salvage case includes:
- This matter is before the court on a motion for summary judgment filed by defendant, Crescent Towing & Salvage Co., Inc., which owns the vessel the ANGUS R. COOPER. Crescent Towing argues that it is entitled to summary judgment on plaintiff’s claim brought under § 905(b) of the Longshore and Harbor Workers Compensation Act (“LHWCA”), 33 U.S.C. § 905(b), because plaintiff, Michael T. Velasquez, Jr., cannot prove that Crescent Towing breached one of the duties owed by Crescent Towing to Velasquez under Scindia Steam Navigation Co. v. DeLosSantos, 101 S.Ct. 1614 (1981).
- On February 4, 2016, Velasquez, an employee of Jonny White’s C&W Air Repair, Inc. (“C&W”), was performing maintenance work on the ANGUS R. COOPER, a towing vessel owned by Crescent Towing. The crew of the ANGUS R. COOPER consisted of a master, Daniel Caire; a wheelman; and, an engineer, Mark Millican. C&W’s workers aboard the ANGUS R. COOPER on February 4, 2016, were the lead mechanic, Daniel DeSoto; and, two helpers, Velasquez and Eugene Owens. C&W’s workers were on the ANGUS R. COOPER for approximately four hours rebuilding the compressors in the lower engine room. The lower engine room is accessed from the upper engine room via a set of steep, ladder-like stairs.
- Owens and Velasquez disassembled one of the vessel’s compressors. The parts from that compressor were brought to the upper engine room to be cleaned. After the residue and gasket material was scraped off of the parts, Owens and Velasquez carried them back to the lower engine room to be reinstalled by DeSoto.
- Velasquez alleges that he sustained serious and disabling injuries when he slipped and fell while he was traversing the stairs leading from the upper engine room to the lower engine room. Velasquez further alleges that the fall was caused by a slippery substance, likely oil, left on the stairs by Crescent Towing’s employees, and an inadequate non-skid surface. Velasquez filed this suit against Crescent Towing alleging that its negligence and the unseaworthiness of the ANGUS R. COOPER caused the accident.
- Crescent Towing moves for summary judgment on Velasquez’s unseaworthiness claim. Velasquez does not oppose Crescent Towing’s motion for summary judgment on his unseaworthiness claim. The United States Court of Appeals for the Fifth Circuit has held that a maritime worker covered by the LHWCA, “unlike a Jones Act seaman, does not have a cause of action for unseaworthiness.”
- For more on the Jones Act Case – See Jones Act, Seaman & Crescent Towing & Salvage
CASE WATCH℠ is a compilation of Jones Act cases nationwide.
Case Watch is provided for the seaman and others as a source of information about various situations in which seaman have been injured while performing their jobs aboard a vessel, ship, platform etc. The seaman have usually sought remedies (unseaworthiness and maintenance and cure) under general maritime law and the Jones Act.
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