Tag Archives: river attorney

Federal Appeals Court Affirms Unseaworthiness Findings and $1.2 Million Pain & Suffering Damages to 52-Year-Old Tug Crewman

I posted in Towboatlaw on this case in January 2013, four days after U.S. District Judge Nina Gershon entered her decision in Harrington v. Atlantic Sounding Co., 2013 U.S. Dist. LEXIS 2988 (E.D.N.Y. Jan. 7, 2013), finding Atlantic Sounding Co., Inc. and Weeks Marine, Inc. negligent under the Jones Act and the tug CANDACE unseaworthy under the general maritime law.   She found no contributory negligence and awarded Frederick J. Harrington Jr., 52 at the time of the accident, $478,948 in past lost wages and loss of future earning capacity, $500,000 for past pain and suffering, and $700,000 for future pain and suffering.  The defendants appealed to the U.S. Second Circuit Court of Appeals.

Three days ago, in Marasa v. Atlantic Sounding Co., 2014 U.S. App. LEXIS 1073 (2d Cir. Jan. 21, 2014) (unpub.), this appeals court largely affirmed the judgment, which, with prejudgment interest, totaled $1,727,471.16.  The Second Circuit only reduced the judgment by $16,308, the sum which the defendants previously paid pursuant to a Claim Arbitration Agreement.

Of particular interest in the appeals court’s decision is its approval of the trial court’s findings in favor of the injured crewman on his claim for general maritime law unseaworthiness, and the trial judge’s award of $1.2 million for past and future pain and suffering damages.

As to unseaworthiness, the Second Circuit wrote how its precedent has long held that a vessel can be unseaworthy if its crew is inadequately trained: “Our precedent recognizes that ‘a vessel being operated by an incompetent captain or crew is considered unseaworthy,'” citing Complaint of Messina, 574 F.3d 119, 127 (2d Cir. 2009), Matter of Guglielmo, 897 F.2d 58, 61 (2d Cir. 1990), Tug Ocean Prince, Inc. v. United States, 584 F.2d 1151, 1155 (2d Cir. 1978), and 1B Benedict on Admiralty § 24 (2004) (recognizing that “an unseaworthy condition . . . on an otherwise fit vessel” can be created by “incompetent training or experience” or “unsafe method of work”).

In affirming Judge Gershon’s assessment of $500,000 in past and $700,000 in future pain and suffering damages, the Second Circuit found, first, that even though the injured crewman, Frederick J. Harrington Jr., died while the appeal was pending (Madeline Marasa is the personal representative of Harrington, in whose name the appeal was defended), the defendants were unentitled to a reduction in his estate’s future pain and suffering damages award.  Second, the appeals court discussed how the trial court found “Harrington’s injury resulted in extraordinary pain and suffering, requiring multiple spinal surgeries and daily medication.”  Judge Gershon had described in detail Harrington’s two back surgeries and the many activities he could no longer perform, given his injuries.  Accordingly, the Second Circuit did not find the $1.2 million pain and suffering damages award excessive, and affirmed.

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Our law firm, Goldsmith & Ogrodowski, LLC, represents crewmen of towboats, tugs, barges, and other commercial vessels, as well as passengers aboard cruise and excursion boats and ships.  If you have questions about your or your family’s legal rights under the Jones Act or the general maritime law, also known as “admiralty law,” feel free to contact Fred Goldsmith or Rich Ogrodowski toll-free at 877-404-6529 or 412-281-4340.  Our website is www.golawllc.com.  Our e-mail address is info@golawllc.com.

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Welcome to Towboatlaw

Welcome to Towboatlaw, a blog focused on admiralty & maritime law as it is applied by judges and lawyers on the rivers and other inland waterways of the United States.  My name is Fred Goldsmith.  I am a lawyer who focuses his practice on admiralty and maritime law.  I, along with my partner, Rich Ogrodowski, am the co-founder of Goldsmith & Ogrodowski, LLC (http://www.golawllc.com), a law firm based in Pittsburgh, Pennsylvania, which is dedicated to representing workers, or families of workers, who have been seriously injured or killed working aboard towboats and barges as deckhands, pilots, captains, engineers, mates, and cooks.  We practice primarily in Pennsylvania, West Virginia, and Ohio, but also all over the inland waterways.

Through this blog I hope to highlight legal and other issues that may interest the men and women, and their families, who work in one of the most important, yet dangerous, occupations in this country.  Towboats push barges on the inland waterways, or “brown waters,” of the United States, transporting products which are critical to the American economy, such as: coal for power plants and steel mills; oil, gasoline, and diesel to power and lubricate cars, trucks, and machinery; sand, gravel, and other aggregates which are used to pave our streets and highways, build our homes, offices, and factories; steel, aluminum, and scrap metals which are the building blocks of automobiles, refrigerators, freezers, and the feedstock for steel mills; and corn and wheat for our domestic food industries and for export.

Paddlewheel towboat “Mark Twain” and barge tow circa 1930s

The basic technology of the river industry, as important as it is, however, has not really changed in over 100 years.  Towboats (sometimes also called “pushboats”), historically powered by steam-driven engines, yet now diesel-powered, still, as they were many decades ago, are wired to (or “faced up” to) and push barges, formerly made of wood, now made of steel.  This industry still requires men and women to be away from home and family for days and weeks at at time.  It still demands these same men and women work around the clock, every single day of the year, in the heat and humidity of a Louisiana summer and the numbing cold of a western Pennsylvania winter.  They must work in ultra-hazardous locations, amidst tremendous forces.

The most unfortunate part of the towboat and barge industry, however, is when companies do not operate their vessels safely.  When companies are unsafe, when they fail to have a corporate culture focused on safety, from the chairman on down, it is these men and women, who serve as deckhands, engineers, captains, pilots, mates, and cooks, who can be seriously injured or killed.  I have been involved in maritime law for over two decades.  I have seen cases involving maritime workers who have suffered, for instance, electrocutions, amputations, and serious back injuries requiring the surgical fusing together of vertebrae and the surgical implantation of titanium rods and screws.

In my law practice, I endeavor to stay abreast of the changing landscape of the law, including state and federal statutes, regulations, and judicial decisions, which applies to the cases I used to defend, but now prosecute, when these hardworking men and women are injured or killed.  Through this blog, I intend to share with you some of these legal developments.  I hope you find the blog interesting and enlightening.

If you have questions you’d like to ask our lawyers about your or your family’s legal rights under admiralty and maritime law, feel free to contact us at 877-404-6529 (toll-free), 412-281-4340, or info@golawllc.com.  Our website is www.golawllc.com.