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A Galveston seaman believes his employer is to blame for a fall he suffered on the job four months ago, according to court documents.
The personal injury lawsuit has been filed against Weeks Marine Inc. by Isidro Perales Madrigal. The lawsuit alleges that Weeks Marine neglected to assure the plaintiff’s safety as he worked on a company-owned vessel on September 14, 2008. Madrigal’s lawsuit was filed in Galveston County District Court on December 9, 2008.
According to the lawsuit filed, Madrigal was climbing down a ladder between the unnamed ship’s booster and turntable barges when he reportedly fell.
“The plaintiff was injured when the ladder he was climbing down slipped, causing the plaintiff to fall into the water with the ladder," the complaint says. "This incident was caused by the negligence of the defendant and those for whom it is liable."
Weeks Marine is also being accused of failing to keep the vessel in proper working order, which is a violation of the Jones Act, a federal law that protects injured seamen.
The lawsuit states that “the defendant's vessel was unseaworthy because it was not reasonably fit for its intended purpose and such unseaworthiness was a proximate cause of the plaintiff's damages.”
Madrigal claims that he sustained serious and disabling injuries to his right knee and back as a result of the fall on his employer’s vessel. He states that he experienced losses of earnings and household services as well as immense physical pain and mental anguish. According to his lawsuit, he “suffered loss of enjoyment of life as a result of the injuries incurred.” In addition, Madrigal is seeking damages to cover medical and hospital expenses.
The lawsuit says that Weeks Marine is also liable for payment of maintenance and cure until Madrigal reaches maximum medical improvement.
Galveston County 212nd District Court Judge Susan Criss is presiding over the case.
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