Florida Marine seeks summary judgment in barge worker's suit

Florida Marine Transporters recently filed a motion for summary judgment in a barge worker's personal injury claim.

As previously reported, Timothy Allen filed suit against Chevron, Chevron Pipe Line and Florida Marine Transporters on Sept. 13, 2010, in Jefferson County District Court.

In his suit, Allen claims a handrail gave way while disembarking from a barge, causing him to plummet to the dock below.

On June 10 Florida Marine filed a motion summary judgment, arguing that it owed no duty to Allen.

The motion contends Allen was not a Florida Marine employee; was not a Jones Act seaman at the time of the incident; and is covered under the Longshore Act, his exclusive remedy against Florida Marine.

According to the lawsuit, on April 27, 2009, Allen, a Saybolt employee, took samples of naphtha while on board a barge docked at the Chevron Pipe Line terminal in Nederland.

Naphtha is a clear colorless flammable mixture of light hydrocarbons used as raw material for many petrochemicals and plastics.

As he was disembarking, the handrail gave way, causing him to drop the glass sample tubes he was carrying, fall and land on broken glass and chemical samples.

Allen claims he injured his ankle, back and hands in fall and received chemical burns from contact with the naphtha.

He is suing for past and future mental anguish, medical expenses, lost wages and physical pain, plus punitive damages.

The Law Office of Keith Kebodeaux in Beaumont represents him.

Florida Marine is represented by James Bailey, attorney for the Houston law firm Galloway, Johnson, Tompkins, Burr & Smith.

Judge Gary Sanderson, 60th District Court, is assigned to the case.

Case No. B188-218