Jones Act - Dismissal

Mr. Kerrigan and Mr. Walsh successfully defended an equipment rental company against a third-party claim brought against it in a Jones Act personal injury case. A seaman employee sustained serious injuries to his knees and back when a 110' manlift experienced an "uncontrolled retraction" of the manlift's boom. Deutsch Kerrigan was able to show that the rig's Offshore Installation Manager (OIM) knew the manlift was malfunctioning and then, rather than call the defendant to fix the unit as it had on prior occasions, ordered the seaman to try to repair it. This, it was argued, constituted superseding negligence under both the general maritime law and Louisiana state law. Judge LeBlanc, who ruled from the bench, agreed, dismissing Rowan's third-party claims with prejudice.