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Captain Gary Newell II alleges that he slipped while climbing down a ladder aboard the barge New Hampshire and as a result, sustained injuries.
Newell claims that his injures were caused by his employer’s failure to prevent buildup of oil and grease around the area where he slipped. He is also arguing that the barge was unseaworthy.
The Texas resident filed his personal injury lawsuit under the Jones Act and the General Maritime Law against Connecticut-based Moran Towing Corporation on February 23, 2009 in the Marshall Division of the Eastern District of Texas. U.S. District Judge T. John Ward will be presiding over the case.
According to Newell, he reported the accident to his superiors, pursued medical treatment and has not yet returned to his regular job duties.
Newell claims that his injuries were caused by “Moran’s breach of its absolute duty to furnish a seaworthy vessel.” His lawsuit also alleges that Moran Towing was negligent for failing to take precautions to prevent oil, grease and other debris from accumulating in and around the area where he slipped. In addition, he alleges that Moran Towing was negligent for the following:
• Failing to provide adequate and working safety equipment;
• Failing to inspect and discover the unsafe condition of the area;
• Failing to furnish safe equipment;
• Failing to properly secure the barge and provide a safe place to work; and
• Failing to provide an adequately trained crew.
Newell is pursing damages for physical pain and suffering, mental anguish, physical impairment, lost earnings, disfigurement and medical expenses. He has requested a trial by jury.
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