Captain claims barge company responsible for hazardous conditions on vessel

Michelle Massey, East Texas Bureau Feb. 26, 2009, 7:59am

MARSHALL – Capt. Gary Newell II claims he slipped while climbing down a ladder aboard the barge New Hampshire and was injured.

He alleges his injuries are the result of his employer's failure to prevent buildup of oil and grease around the area where he slipped and argues the barge was unseaworthy.

Under the Jones Act and the General Maritime Law of the United States, the Texas resident filed a personal injury lawsuit against Connecticut-based Moran Towing Corporation on Feb. 23 in the Marshall Division of the Eastern District of Texas.

Newell states he reported the incident to his superiors, sought medical treatment and has not yet returned to his regular job duties.

The plaintiff claims his injuries were caused by "Moran's breach of its absolute duty to furnish a seaworthy vessel."

The lawsuit alleges the defendant was negligent for:

  • Failing to provide adequate and working safety equipment;
  • Failing to inspect and discover the unsafe condition of the area;
  • Failing to furnish safe equipment;
  • Failing to properly secure the barge and provide a safe place to work; and
  • Failing to provide an adequately trained crew.

    Further, Newell states Moran Towing was negligent for failure to take precautions to prevent oil, grease and other debris from accumulating on and around the area in which he was injured.

    Newell is seeking damages for physical pain, mental anguish, lost earnings, damage to earning capacity, physical impairment, disfigurement, and medical expenses.

    The plaintiff is requesting a trial by jury.

    Marshall attorney Jack Baldwin of Baldwin and Baldwin LLP and Jack Sanders Jr. are representing the plaintiff in his allegations.

    U.S. District Judge T. John Ward will preside over the litigation.

    Case No 2:2009cv00058

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