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Maritime Accident News

Jones Act Suit to be Settled in Sledge Hammer Incident


Posted on Feb 03, 2010

A Jones Act lawsuit involving a seaman that was struck on the head while at work is expected to be settled before the case goes to trial.

According to the Southeast Texas Record, Nicky Hutson, a Mississippi seaman, filed a lawsuit against his employer after a fellow shipmate struck him on the head with a sledgehammer. Hutson claimed that his employer, Rowan Companies, negligently failed to properly supervise its employees.

The trial is expected to commence on February 8, 2010. However, the parties contacted the presiding Jefferson County Judge Milton Shuffield, 136th Judicial District, and reported that both parties have reached a tentative settlement. Details concerning the potential settlement were not made available.

According to court papers, the incident in question took place on May 23, 2007, while Hutson was working aboard the vessel Bob Palmer, located in Sabine Pass.

“Hutson experienced an accident which resulted in serious painful injuries to his head and other parts of his body while employed by Rowan and while being supervised by Rowan,” the lawsuit states. “Specifically, another employee struck Hutson on the head with a sledge hammer causing him to sustain a closed head injury.”

Hutson, who is represented by Kurt Arnold, a partner in the Arnold & Itkin law firm, issued a complaint that cited that Rowan failed to provide proper crew supervision and adequate safety equipment.

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