A seaman from Louisiana has filed a lawsuit against a marine transportation company, alleging severe injuries due to the company's negligence. Makio Phillips filed the complaint in Harris County District Court on June 7, 2024, naming Kirby Inland Marine, LP as the defendant.
According to the complaint, Phillips was employed by Kirby Inland Marine as a deckhand on April 30, 2024, when he suffered severe bodily injuries. The incident occurred while Phillips was working on the Delos Case tugboat, which is owned and operated by Kirby. The plaintiff alleges that he was instructed to pull a ratchet strap and connect the Delos Case to another barge without proper safety equipment or sufficient personnel. This resulted in serious injuries to his back and other parts of his body. "Plaintiff sustained severe injuries because of Defendant’s negligence," reads the complaint.
Phillips claims that Kirby Inland Marine failed in several key areas: supervising its crew properly, training its employees adequately, providing an adequate crew for connecting barges, supplying proper safety equipment and medical treatment, among others. These failures are said to have caused physical pain, mental anguish, loss of earnings both past and future, and significant medical expenses for Phillips. The complaint also states that these issues will likely continue indefinitely.
In addition to negligence claims, Phillips accuses Kirby Inland Marine of operating an unseaworthy vessel. He asserts that the Delos Case tugboat was not adequately equipped with proper safety equipment and was not sufficiently crewed. This alleged unseaworthiness directly contributed to his injuries.
Moreover, Phillips claims that Kirby Inland Marine failed to fulfill its legal duty under maritime law to pay maintenance and cure—a form of compensation for injured seamen—despite being aware of his injuries. According to the lawsuit, this failure has been unreasonable and arbitrary, entitling Phillips to additional damages.
Phillips seeks monetary relief exceeding $1 million for past and future medical costs, pain and suffering, loss of earning capacity, physical impairment, disfigurement, maintenance and cure payments not made by Kirby Inland Marine as well as punitive damages for willful failure to pay maintenance and cure.
The case is being handled by attorneys Kurt Arnold (SBN: 24036150), Roland Christensen (SBN: 24101222), Alec Paradowski (SBN: 24124773), Samuel Long (SBN: 24123912), and James R. Long (SBN: 24106218) from Arnold & Itkin LLP. The case ID is 2024-36088 in Harris County District Court before Judge Taiasha Bradford.