Florida Marine Transporters claims it never employed a barge worker who has a personal injury case against it. It filed a motion for summary judgment, claiming that it owed no duty to plaintiff Timothy Allen, the Southeast Texas Record reports.
Allen filed the Jones Act case against Florida Marine, Chevron and Chevron Pipe Line in Jefferson County (Tx) District Court on Sept. 13, 2010. His suit states that as an employee of Saybolt on April 27, 2009, he was carrying naphtha sample tubes on a barge in Nederland at the Chevron Pipe Line terminal. Naphtha can be carcinogenic and may contain impurities with their own harmful properties, according to Wikipedia.
While disembarking the vessel, the handrail broke and he fell to the deck below, landing on broken glass. He claims he suffered chemical burns and injured his ankle, back and hands.
Florida Marine's motion charges that Allen did not work for them; was not a Jones Act seaman at the time of the accident and that he should pursue a remedy under the Longshore Act.
Allen seeks damages for physical pain, lost wages, medical expenses and past and future mental anguish.
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