Doyle Dennis Avery LLP has filed suit against McCarthy Building Companies, Inc. for violations of the Jones Act (46 U.S.C. § 688), duty to provide a seaworthy vessel, and duty to pay maintenance and cure. The suit was filed in the 333rd District Court of Harris County, Texas, in Houston, Texas. Venue for the suit lies in Harris County under the Jones Act provisions of Texas Civil Practice & Remedies Code Section 15.0181(d)(2) because McCarthy Building Companies maintains its principal office in the state (as defined by Tex. Civ. Prac. & Rem. Code Section 15.001) in Harris County.
The incident arises from McCarthy Building Companies’ negligent loading operations near the Port of Freeport that resulted in an I-beam landing on and crushing Doyle Dennis Avery LLP’s client’s tibia and fibula. The suit alleges that McCarthy Building Companies, as the Jones Act employer, was negligent and Defendant’s Tugboat and Barge Vessels were unseaworthy directly causing serious injuries to Doyle Dennis Avery LLP’s client on or about February 15, 2022. On the date of the incident, McCarthy Building Companies’ crew was attempting to load an I-beam onto Defendant’s Tugboat and Barge Vessels without proper pre-lift planning, without proper equipment, without proper training, and without proper manpower, among other negligent conduct. As a result, Doyle Dennis Avery LLP’s client’s tibia and fibula were crushed and broken (requiring two surgeries to date) due to the improperly-maintained vessel and negligence of Defendant’s crew, including improper tools and safety equipment, poor maintenance, and improper training and supervision of Defendant’s crewmembers.
McCarthy Building Companies was the employer of the seamen or crewmembers who operated the Tug Boat and Barge, including Doyle Dennis Avery LLP’s client. McCarthy Building Companies was also the owner, owner pro hac vice, and/or operator of the Tugboat and Barge vessels on which Doyle Dennis Avery LLP’s client was assigned to work and was responsible for the vessels’ dangerous and unseaworthy conditions. The suit further alleges that the dangerous and defective condition of the vessels violated applicable laws and regulations of the United States of America for vessels, and accordingly Defendant is liable for negligence, negligence per se, and in strict liability.
At the time of his injuries, Doyle Dennis Avery LLP’s Client was a Jones Act seaman assigned to the vessels of Defendants, and his work contributed to the ultimate mission of McCarthy Building Companies’ Tugboat and Barge Vessels. In particular, onboard the Tugboat and Barge Vessels, Doyle Dennis Avery LLP’s client was engaged as a member of the offshore or maritime crew for more than 50% of his work time, and he was assigned to do the work of the Tugboat and Barge Vessels.
Finally, this case was also brought under the general maritime law to recover for willful and wrongful denial of maintenance and cure due and owing Doyle Dennis Avery LLP’s client for his injury sustained onboard McCarthy Building Companies’ vessels on the date of the incident. While serving as a member of the crew of the Tugboat and Barge Vessels, Doyle Dennis Avery LLP’s client sustained an injury in the service of the vessel. McCarthy Building Companies is fully liable for payment of maintenance and cure until Doyle Dennis Avery LLP’s client reaches maximum medical cure for the injury sustained in the service of the vessel.
Doyle Dennis Avery LLP’s client is a resident of Louisiana who was hired and recruited to work for McCarthy Building Companies on projects in the Port of Freeport and Port of Beaumont. The suit seeks monetary relief in an amount over one million dollars ($1,000,000). The damages sought include past and future medical expenses, past and future lost wages or lost earning capacity, physical impairment, pain and suffering, mental anguish, disfigurement, and other damages.
Doyle Dennis Avery LLP prides itself on providing high-level representation in offshore injury cases that involve general maritime law, the Jones Act, duty of unseaworthiness, wrongful denial of maintenance and cure, and admiralty law. Doyle Dennis Avery LLP provides free consultations in such maritime/Jones Act/offshore injury cases and works on a no-win, no-fee basis. Please call today for a no-cost evaluation of your potential offshore or maritime case.
