Philip, Hornbeck, Jones Act & Seaman: A recent case in the United States District Court, E.D. Louisiana ruled on a Motion for Summary Judgment.
The Philip, Hornbeck, Jones Act & Seaman case documents what many workers on a vessel, helicopter, tugboat, ship, offshore, oil rig, oil platform, roustabouts, barge, longshoreman and seaman may face today – an onshore injury, offshore injury or oil rig accident suffered while working (e.g., rigger) on a ship, barge, tugboat, vessel, helicopter, oil rig, oil platform or offshore that may be a potential admiralty injury, Jones act injury & maritime injury case.
A brief summary of the case:
- This is a maritime personal injury case. Plaintiff Elderic Philip, a rigger working for Defendant Longnecker Properties, Inc., was working aboard the motor vessel Silverstar on June 30, 2013, when he allegedly tripped on a wooden board on the vessel’s deck and fell. Defendant Hornbeck Offshore Services, LLC owns the Silverstar,which was chartered by Defendant Eni U.S. Operating Co. Inc. at the time of the incident.
- Philip filed this suit on August 8, 2013, asserting claims under the Jones Act and for maintenance and cure, unseaworthiness, vessel negligence under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), and general maritime law negligence.
- On September 22, 2014, Longnecker filed a motion for summary judgment. Longnecker argues Philip is not a seaman under the Jones Act and that the undisputed facts demonstrate Longnecker was not negligent and Philip’s injuries were caused solely by his own negligence.
- The Jones Act provides that “[a] seaman injured in the course of employment . . . may elect to bring a civil action at law, with the right of trial by jury, against the employer.”
- The Court ruled: Summary judgment on seaman status is improper and denied the motion.
- To find out more on the Philip, Hornbeck, Jones Act & Seaman case, see Case No. 13-5328 – September 30, 2015.
ADMIRALTY, JONES ACT & MARITIME INJURY
Have you been injured in an offshore accident? Offshore injury?
If you have been injured while working as longshoremen, roughneck, roustabout, cruise ship employee, etc., the laws that govern the areas of navigation, shipping, and overseas injuries, known as maritime and admiralty laws, may protect you.
Individuals suffering a Maritime, Admiralty, Jones Act type personal injury (offshore injury, offshore accident, oil rig injury, oil rig accident or injured offshore, mesothelioma) may be entitled to compensation in the form of maintenance payments, lost wages, monies for medical treatment and other damages. These are some of the jobs that may fall under maritime, Jones act or admiralty law:
- Merchant Marine
- Cruise Ships
- Ship Construction
- River Boats
- Tug Boats
- Fish Processing
- Commercial Underwater Divers
- Oil Platform/Rig Workers/Roughnecks
- Casino Boats
For more on admiralty, Jones act and maritime injury cases, please follow this link.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
If you have been injured while out at sea, injured while on a boat, helicopter or vessel, working on an oil rig platform and are considered a longshoreman, seaman, and need an admiralty lawyer, Jones act lawyer or maritime lawyer to help you file an admiralty lawsuit, Jones act lawsuit or maritime lawsuit, please contact our office at 1.800.672.4916.
WE ARE HERE TO HELP YOU PROTECT YOUR LEGAL RIGHTS