“Seaman” receives $1.9 million for injuries arising during equipment testing for offshore lifts

In a recent decision, a United States District Court considered whether an injured worker was in fact a "seaman" for admiralty law purposes. The defendant argued that the issue was entitled to a jury trial because the plaintiff sued strictly to under state common and statutory law.

The injury occurred while the plaintiff and other crew members were aboard a vessel that was resting within a protected boat slip, on navigable waters. The plaintiff was testing rigging designed by the defendant pursuant to a project to perform offshore lifts.

A barge was ballasted with water in preparation for the lift test. Two lifts were performed successfully before crewman expressed concern that the barge was not successfully ballasted. Engineers checked the conditions, assuring the crewman that they were correct, and continued with a third lift.

As the barge was held up during the lift, certain rigging equipment failed causing one side of the lifted barge to drop back into the water. Debris scattered resulting in injuries to the plaintiff's hand and leg.

Before the plaintiff's proceeded with a personal injury suit against his employer, the plaintiff settled with his employer. However, the defendant, the rigging manufacturer, then demanded a jury trial raising the issue of whether the plaintiff's activity during the injury was related to activity traditionally subjected to admiralty jurisdiction and whether or not admiralty law should apply. The court ruled that a jury trial right does not exist for the manufacturer. The court said the injuries alleged by the employee fell within type that occurred in maritime settings - testing a rigging device for anticipated offshore lifts.

The plaintiff was a "seaman", granting the court jurisdiction over all claims pursuant to the Jones Act and General Maritime Law; no jury trial was warranted. The plaintiff received $1.9 million in damages due to his maritime injury.

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