On behalf of a major oil company and its P&I Club, we defeated a Master Mariner’s multi-million dollar personal injury claim.
Because plaintiff’s work largely involved vessel construction rather than time at sea, our summary judgment motion was granted due to lack of seaman status and lack of maritime tort jurisdiction.
Hitting a grand slam, plaintiff’s Jones Act negligence, unseaworthiness, and maintenance and cure claims, as well as his LHWCA ยง905(b) claim were all dismissed.
Zeghibe v. ConocoPhillips Co., 793 F.Supp.2d 478 (D. Mass. 2011).
We defended a scrap metal exporter who provides stevedore and terminal services on Boston Harbor and who voyage chartered the SEA BANIAN.
While it was berthed at our terminal a cargo surveyor hired by the Turkish consignee fell while climbing aboard via the vessel’s Jacob’s ladder, resulting in multiple surgeries.
Our motion for a summary judgment dismissal of the plaintiff’s claims and the vessel’s claims for contribution from our client was granted.
We briefed case law precedent that a marine terminal owes no duty of ingress or egress from its dock to a vessel (which is the vessel’s responsibility, particularly when involving its own appurtenances), and established that U.S. Customs had ordered the terminal’s shoreside gangway disconnected after cargo operations ended for the day, to detain the Chinese crew aboard.
Altinkaya v. SEA BANIAN et al, C.A. 08-10421-RGS (D. Mass. 2010).
