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A 2007 Jones Act case against Marquette Transportation and Bluegrass Marine was set to be heard by a jury trial on December 8, 2008 in Madison County Circuit Judge Barbara Crowder’s courtroom.
Vivian Fox, the plaintiff, was a cook on the M/V Captain Bear Ive. She alleges in her lawsuit that her employers fired her after she was diagnosed with cancer. Fox states in her lawsuit that she became ill and requested medical attention while working on April 25, 2007.
According to Fox, Marquette let her off the vessel in Wood River and she pursued medical treatment at Alton Memorial Hospital. She claims that Marquette had the legal obligation under the Jones Act to provide her and the crew members with prompt maintenance and cure for injuries and illnesses.
Fox claims that she was initially provided with maintenance and cure, but after she underwent surgery for colon cancer, Marquette refused to pay her maintenance and cure and fired her, which cut her off from any health insurance benefits. Fox said that this was a breach of legal duties by Marquette.
The Jones Act, which is a federal statute, allows injured seamen to recover damages from their employers due to negligence caused by the vessel owner, captain or fellow members of the crew. Compensation under the Jones Act is different than workers’ compensation. To recover monetary damages, the seaman must prove some negligence or fault on the part of the vessel’s owners, operators, officers or fellow employees. Any defect in the vessel, its gear, tackle or equipment can also be grounds for a Jones Act claim.
Fox is expected to testify during the trail that she sustained consequential damages over, above and beyond what she would have sustained from the natural course of her illness had Marquette paid her prompt and appropriate maintenance and cure, including an increased loss of chance of survival, increased mental anguish and physical pain, delayed recovery and increased cost of medical expenses.
Marquette and Bluegrass are expected to argue that they acted in a reasonable manner at all times and that Fox’s cancer was not related to her work on the vessel.
