Barge worker files Jones Act suit against employer

By David Yates | Jun 19, 2008

Citing the Jones Act, a seaman has filed suit against his employer, Bo-Mac Contractors, for injures he received while serving aboard a barge.

Daniel Bartee's suit was filed June 18 in the Jefferson County District Court.

According to his petition, on March 6, Bartee was a diver aboard a Bo-Mac barge operating in the Mississippi River when he was injured. The suit does not describe how Bartee's injuries occurred.

According to the company Web site, Beaumont-based Bo-Mac incorporated in 1966 for civil construction services and the performance of oil field activities relating to the petroleum exploration industry. Since then, the company has expaned into construction services for the oil and gas refining and petrochemical industries and into asphalt and paving serving the Texas Department of Transportation. Bo-Mac's expansion continued in 1989, with the addition of the marine division, providing marine piling and construction of dock facilities all along the Gulf of Mexico.

"Plaintiff sustained serious injuries to his heart, lungs and other parts of his body in general, while working aboard the barge in the course and scope of his employment with Defendant," the suit says.

"The incident made the basis of this lawsuit and the injuries sustained by Plaintiff were legally caused by the negligent acts and/or omissions of Defendant, its agents, servants, and/or employees, acting in the course and scope of their employment."

Bartee also alleges the barge he was serving aboard was unseaworthy, a requirement to sue under the Jones Act.

"Plaintiff would show that due to the incidents described above he has suffered physical impairment and a loss of life's pleasures," the suit says.

"Because of the nature and the consequences of his injuries, Plaintiff has suffered great physical and mental pain, suffering, and anguish, and in all reasonable probability he will continue to suffer in this manner for a long time into the future, if not for the balance of his natural life."

Bartee is represented by attorney Arthur Sadin of the Sadin Law Firm.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D181-931

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