A seaman has filed a maritime accident lawsuit against his employer, citing regulations and protections instituted by the Jones Act.

In his maritime accident lawsuit filed in December 2018 against Florida Marine Transporters LLC (Florida Marine), and B. Warren Paving Inc. (Warren), plaintiff Ritchie W. claims that his employer’s negligence led him to be severely injured.

Ritchie says he was employed by Florida Marine as a crew member aboard the M/V Samuel J, a towboat type vessel. According to his lawsuit, on or about Nov. 13, 2018, Ritchie was onboard the watercraft for work at the loading dock at Warren’s Slats Lucas Quarry on the Cumberland River in Salem, Ky.

At or around 4 a.m. on that date, Ritchie claims that he was instructed to assist an inexperienced Warren employee who was struggling to remove a nylon working line that was attached to a timber head.

According to the marine accident lawsuit, a wire cable attached to the positioning apparatus lay across the walkway where the Warren employee was attempting to free the nylon working line. The lack of adequate lighting obscured this cable from Ritchie’s view, he claims, and is cited in the maritime accident lawsuit as contributing to a dangerous work environment.

While assisting the Warren employee, Ritchie says that he asked the employee to request additional slack on the working line from the operator of the positioning apparatus. However, the wire cable was allegedly tightened instead. He says this tightening caused the cable to suddenly jump upward from the walkway unexpectedly.

The cable allegedly struck Ritchie violently on his left shoulder. Ritchie claims that this impact caused him to be thrown, and then fall twelve feet down into the bottom of the ship. According to Ritchie, this fall resulted in a severe injury to his right arm, requiring surgery.

As Ritchie sustained his injuries while working for Florida Marine, he claims that both his employer and Warren owe him compensation for his injuries under the Jones Act.

His maritime accident lawsuit cites several unseaworthy conditions of the M/V Samuel J that he argues were the result of direct negligence by Florida Marine, including inoperative search lights. Ritchie also claims that Warren is at fault for failing to properly train their employees, including the employee who was unable to loosen the nylon working line and the employee who was operating the wire cable positioning apparatus.

Furthermore, Ritchie claims that Warren was negligent by failing to provide a method of clear communication between the positioning apparatus operator and the other employees. Last, the lawsuit claims that allowing the wire cable to lie across the walkway where any movements could result in an injury was a clear point of negligence.

What is the Jones Act?

Cruise ships, commercial shipping vessels, and other watercraft in the United States are subject to regulations under the Jones Act, a 1920 statute that regulates maritime commerce and provides protections for seamen. The Jones Act ensures that vessels carrying goods or passengers between ports in the United States are built, owned, operated, and maintained by U.S. citizens. The Jones Act also affords protections to seamen employed on these vessels by allowing them to bring actions against their employers citing unseaworthiness or negligence.

Maritime Accident Lawsuits

Ritchie is demanding a sum exceeding $75,000 in his maritime accident lawsuit against Florida Marine and Warren, citing damages including past and future physical pain and suffering, mental anguish, permanent physical disability and disfigurement, lost wages and loss of earning capacity, and loss of enjoyment of life. If you are a current or former marine vessel employee and sustained injuries while performing your job duties, you may qualify to join a maritime accident investigation and pursue compensation for your injuries.Ritchie’s Maritime Accident Lawsuit is Case No. 2:18-cv-13952-BWA-DEK, in the United States District Court for the Eastern District of Louisiana.