Local man's alleged fall on barge leads to lawsuit

By John Suayan, Galveston Bureau | Aug 5, 2013

GALVESTON - Local resident Douglas Rutherford seeks more than $1 million in damages from Breathwit Marine Contractors Ltd. after he sustained injuries aboard one of its vessels earlier this year, recent court papers say.

A lawsuit filed July 31 in Galveston County Court at Law No. 2 claims Rutherford was working aboard the DB3003, a deck barge belonging to the company, on behalf of Kelso Concrete Co. last Feb. 10 when he stepped on a manhole cover and fell in.

According to the original petition, prior to the incident in question, the plaintiff tried to retie some parted mooring lines that rubbed against exposed metal edges in an effort to keep the barge from drifting away.

It asserts the barge's deckhands negligently tied the lines.

Rutherford states that he seriously and permanently injured his arms, wrists, legs, hips, back and general body, insisting he did nothing to bring the subject event forth.

A jury trial is requested.

Attorney Joseph D. Terry of Terry & Thweatt PC in Houston is representing the complainant, and Galveston County Court-at-Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 70,403

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