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# Goldsmith & Ogrodowski, LLC

Lawyers for Workers & Families

## Sitemaps

- [XML Sitemap](https://golawllc.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Pages

- [Home](https://golawllc.com/) - Pittsburgh, Pennsylvania, West Virginia, Ohio, Texas & Massachusetts Admiralty & Maritime, Oilfield & Gas Well Explosion & Fire, Insurance Bad Faith, Liquor Liability, Serious Injury & Wrongful Death Lawyers Based in Pittsburgh, PA, our experienced serious injury and wrongful death attorneys represent workers, crewmen, and their families in Pennsylvania, West Virginia, Ohio, Massachusetts, and around
- [Sitemap](https://golawllc.com/sitemap/) - Home What’s New About Resources & Links Team Overview Frederick B. Goldsmith E. Richard Ogrodowski Heather L. Trainer Practice Areas Overview Admiralty & Maritime Railroad & FELA Motorcycle & ATV Oilfield & Drilling Rig Personal Injury & Death Insurance Coverage & Bad Faith Amputation Injuries Nursing Home Negligence Mediation Clients Blogs Towboatlaw – Admiralty & Maritime
- [Fred Goldsmith – Mediation Services](https://golawllc.com/fred-goldsmith-mediation-services/) - Fred Goldsmith – Pittsburgh, PA, WV, OH, TX & MA Mediation Services Fred Goldsmith, serving Pittsburgh, PA, WV, OH, TX & MA, is an experienced and formally trained mediator, approved to serve as a mediator, arbitrator, and early neutral evaluator by the U.S. District Court for the Western District of Pennsylvania. He is the Chair
- [Frederick B. Goldsmith](https://golawllc.com/frederick-b-goldsmith/) - Fred Goldsmith is a Pittsburgh, PA-based admiralty & maritime and personal injury lawyer who represents individuals and families in Pennsylvania, West Virginia, Ohio, Texas, and Massachusetts in admiralty & maritime, towboat and barge, river accident, fishing boat, scallop boat, Jones Act, Railroad, FELA, motorcycle, ATV, oilfield & drilling rig/oil and gas well explosion, serious personal
- [What's New at G&O](https://golawllc.com/whats-new/) - Fred Goldsmith Named Chair of the Allegheny County Bar Association’s ADR Committee and Speaks on Mediation at ACBA’s Annual Bench-Bar Conference Fred Goldsmith is the new Chair of the ACBA’s Alternative Dispute Resolution (or ADR) Committee. He spoke as part of a panel of experienced mediators at the ADR Committee’s presentation, “Mediation – Upping Your
- [E. Richard Ogrodowski](https://golawllc.com/e-richard-ogrodowski/) - The son of a coal miner, Pittsburgh, PA and WV attorney Rich Ogrodowski represents individuals and families in Pennsylvania and West Virginia in admiralty & maritime, railroad – FELA, oilfield/oil and gas well explosion, serious personal injury and wrongful death, and product liability lawsuits. Phone: (412) 281-4340 Toll Free: (877) 40-GO-LAW (877-404-6529) Fax: (412) 281-4347
- [Heather L. Trainer](https://golawllc.com/heather-l-trainer/) - Heather Trainer is Goldsmith & Ogrodowski, LLC’s office manager and legal assistant. She grew up in Bethel Park, Pennsylvania, and has worked in the legal field, including service at some of Pittsburgh’s largest law firms, since 1999. Phone: (412) 281-4340 Toll Free: (877) 40-GO-LAW (877-404-6529) Fax: (412) 281-4347 hlt@golawllc.com Download vCard Ms. Trainer has a
- [Clients](https://golawllc.com/clients/) - Read, watch, and listen to what our clients have to say about us: Our clients include: Towboat captains, pilots, mates, deckhands, engineers, and cooks Pleasure and recreational boat owners, operators, and passengers Excursion boat passengers Cruise line passengers and crewmembers River terminal workers Locomotive engineers, conductors, brakemen, signalmen, yardmasters, maintenance of way workers, and trainmen
- [Contact](https://golawllc.com/contact-us/) - LOCATION 247 Fort Pitt Blvd. 5th Floor Pittsburgh, PA 15222 PHONE P: (412) 281-4340 TF: 877-404-6529 FAX F: (412) 281-4347 EMAIL info@golawllc.com HAVE A CASE? WE CAN HELP. Name First Last AgeAddress Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed
- [Admiralty & Maritime](https://golawllc.com/admiralty-maritime/) - Pittsburgh, PA, WV, OH, TX & MA Admiralty & Maritime Lawyers – for Accidents, Serious Injuries, and Deaths Occurring on Rivers, Lakes, Bays, Harbors, and Oceans Based in Pittsburgh, Pennsylvania, we are an admiralty and maritime law firm handling cases arising in Pennsylvania, West Virginia, Ohio, Texas, Massachusetts (including Provincetown, all over Cape Cod, Fall
- [Insurance Coverage & Bad Faith](https://golawllc.com/insurance-coverage-bad-faith/) - Pittsburgh, PA, WV, OH, & MA Insurance Coverage & Bad Faith Lawyers Our Pittsburgh-based contingent fee attorneys represent individuals and businesses in insurance coverage and bad faith lawsuits in Pennsylvania, West Virginia, Ohio & Massachusetts. Based in Pittsburgh, we represent insurance policyholders, both individuals and companies, in Pennsylvania, West Virginia, Ohio, and Massachusetts who have
- [Personal Injury & Wrongful Death](https://golawllc.com/personal-injury-death/) - Pittsburgh, PA, WV, OH, & MA Personal Injury & Wrongful Death Lawyers Our Pittsburgh, PA lawyers represent people and their families who have been seriously injured or killed in accidents in Pennsylvania, West Virginia, Ohio, & Massachusetts. Based in Pittsburgh, we represent people, and their families, in Pennsylvania, West Virginia, Ohio, and Massachusetts who have
- [Motorcycle & ATV](https://golawllc.com/motorcycle-atv/) - Pittsburgh, PA, WV, OH, & MA Motorcycle Accident Attorneys Our Pittsburgh-based motorcycle accident lawyers represent riders and passengers who have been seriously injured or killed by the negligence of others while riding on a motorcycle or an ATV. Based in Pittsburgh, we represent people, and their families, in Pennsylvania, West Virginia, Ohio, and Massachusetts who
- [Nursing Home Negligence](https://golawllc.com/nursing-home-abuse-neglect-negligence/) - Pittsburgh, PA, WV, OH, & MA Nursing Home Abuse, Neglect & Negligence Lawyers Our Pittsburgh-based, PA, WV, OH, & MA nursing home negligence lawyers represent patients, residents, and their families when nursing homes, skilled nursing, and assisted living facilities fail to take proper care of a beloved parent or grandparent, resulting in serious injury or
- [Towboatlaw](https://golawllc.com/towboat/)
- [Thank You](https://golawllc.com/thank-you/) - Your information was successfully sent. We’ll be in touch with you, usually within one business day. If you’d like to get in touch with us sooner, feel free to call us 24/7 at 412-281-4340 or toll-free at 1-877-40-GO-LAW (1-877-404-6529). Please note the transmission or receipt of information to or from this website cannot create an
- [Terms of Use](https://golawllc.com/terms-of-use/) - This website is for informational purposes only. Nothing appearing on this website is intended to be legal advice or the practice of law. If you wish to obtain legal advice from us, please do not send information or documents to us without first contacting us and obtaining our approval. The transmission or receipt of information
- [Resources](https://golawllc.com/resources/) - Resources & Links – Pittsburgh, PA, WV, OH, & MA Gas Well Explosion, Oilfield, Admiralty & Maritime Law, Jones Act, Wrongful Death Law, Railroad & FELA Law, Motorcycle Law Admiralty & Maritime Law Towboatlaw – Towboat & Barge Lawyer: Admiralty & Maritime Law on the Rivers (internet blog on state and federal court admiralty &
- [Railroad & FELA](https://golawllc.com/railroad-fela/) - Pittsburgh, PA, WV, OH & MA Railroad & FELA Injury and Wrongful Death Lawyers Our Pittsburgh-based PA, WV, OH, & MA railroad and FELA lawyers represent injured or killed railroad crewmembers, track maintenance and right of way workers, and their families in FELA (Federal Employers’ Liability Act) negligence claims, and people and families whose loved
- [Oilfield & Drilling Rig](https://golawllc.com/oilfield-drilling-rig/) - Pittsburgh, PA, WV & OH Oilfield, Drilling Rig Accident, Gas Well Fire & Explosion Lawyers Our Pittsburgh-based PA, WV & OH plaintiff’s lawyers represent oilfield workers seriously injured or killed in oil and gas well and drilling rig accidents, such as blow-outs and gas well explosions on the Marcellus Shale and Utica Shale in Pennsylvania,
- [Blogs](https://golawllc.com/blogs/) - Towboatlaw Blog – Towboat & Barge Lawyer – Admiralty & Maritime Law on the Rivers, Bays, and Oceans Admiralty & maritime law as applied by judges and lawyers on the rivers, bays, and oceans of the United States. View Blog PA & WV Accidental Death Lawyer Blog The law in Pennsylvania and West Virginia when
- [Amputation Injuries](https://golawllc.com/amputation/) - Pittsburgh, PA, WV, OH & MA Amputation Lawyers If you or a loved one have suffered a traumatic amputation, or a serious injury later resulting in a lost limb, our Pittsburgh, PA, WV, OH, & MA amputation lawyers are experienced in the medical and prosthetic aspects of these life-changing injuries. Amputation injuries are life-altering and
- [Accidental Death](https://golawllc.com/accidental-death/)

## Towboatlaw Posts

- [Guilty Verdict in D/V CONCEPTION Captain’s Federal Criminal Trial](https://golawllc.com/towboatlaw-blog/guilty-verdict-in-d-v-conception-captains-federal-criminal-trial/) - In the Labor Day 2019 D/V CONCEPTION casualty, 33 passengers and one crewmember perished, all below deck in the passenger bunkroom as the dive excursion vessel burned to the waterline just offshore Santa Cruz Island, near the California coast. The U.S. Department of Justice prosecuted the vessel’s captain for gross negligence under the Seaman’s Manslaughter
- [U.S. Coast Guard Shares Lessons Learned From Recent Small Passenger Vessel Fire Investigations](https://golawllc.com/towboatlaw-blog/u-s-coast-guard-shares-lessons-learned-from-recent-small-passenger-fire-investigations/) - The Marine Safety Alert draws from casualty investigations, including the D/V CONCEPTION casualty in which 33 passengers and one crew perished, and includes admonitions on use of open flame candles, Sterno heating cans, and plastic trash cans, storage of combustible materials close to ignition sources, and clearly marking engine room escape hatches.
- [Fred Goldsmith Sworn Into Bar of the U.S. District Court for the District of Massachusetts](https://golawllc.com/towboatlaw-blog/fred-goldsmith-sworn-into-bar-of-the-u-s-district-court-for-the-district-of-massachusetts/) - Fred Goldsmith was honored today to be formally sworn into the U.S. District Court for the District of Massachusetts by the Honorable William G. Young, one of the Court's preeminent and erudite judges, who is also an expert on the Court's history of hearing admiralty and maritime cases. Fred intends to practice admiralty and maritime
- [Virginia Man Pleads Guilty to Murder, Attempted Murder, and Assault with a Dangerous Weapon Aboard Scallop Boat](https://golawllc.com/towboatlaw-blog/virginia-man-pleads-guilty-to-murder-attempted-murder-and-assault-with-a-dangerous-weapon-aboard-scallop-boat/) - The U.S. Attorney's Office for the District of Massachusetts announced on March 9, 2022, a crewman aboard a scallop boat has pled guilty in Boston federal court to one count of murder in the second degree, one count of attempted murder, and one count of assault with a dangerous weapon. Franklin Freddy Meave Vazquez, 31,
- [U.S. Coast Guard: “Sexual assault has no place in the maritime profession”](https://golawllc.com/towboatlaw-blog/u-s-coast-guard-sexual-assault-has-no-place-in-the-maritime-profession/) - In its blog, “Coast Guard Maritime Commons - The Coast Guard Blog for Maritime Professionals,” a recent post describes the federal agency’s zero tolerance for sexual assault in the U.S. maritime industry. The post states, “The Coast Guard stands ready to investigate each report or tip alleging that a credentialed mariner committed a sexual assault.
- [National Academy of Public Administration Report Critical of U.S. Merchant Marine Academy](https://golawllc.com/towboatlaw-blog/national-academy-of-public-administration-report-critical-of-u-s-merchant-marine-academy/) - A fascinating, comprehensive, critical, at times alarming, official report on the state of the U.S. Merchant Marine Academy, and by implication our nation’s merchant marine readiness in the event of war, has just been released by the National Academy of Public Administration. It is entitled, “Organizational Assessment of the U.S. Merchant Marine Academy: A Path
- [National Academies of Science, Engineering, & Medicine Release Report on Improving Safety of Duck Boats](https://golawllc.com/towboatlaw-blog/national-academies-of-science-engineering-medicine-release-report-on-improving-safety-of-duck-boats/) - The report, per its summary, makes recommendations to the U.S. Coast Guard, “starting with the use of risk assessment for DUKW operations and then providing specific recommendations to mitigate the hazards discussed in the chapters on flooding, operating areas, canopies, life jackets, and safety operations. All recommendations are specific to WWII DUKWs, Stretch Ducks, and Truck Ducks.” The
- [New Coast Guard Fire Safety Reg’s for Small Passenger Vessels](https://golawllc.com/towboatlaw-blog/new-coast-guard-fire-safety-regs-for-small-passenger-vessels/) - The U.S. Coast Guard is issuing interim regulations to implement new statutorily mandated requirements for fire safety on certain small passenger vessels. This follows the overnight fire on the dive boat CONCEPTION off the coast of California on September 2, 2019, during which 33 passengers and one crewman died. Per the below-linked notice appearing in
- [Coast Guard Dials Back Radar Endorsement Training Requirement](https://golawllc.com/towboatlaw-blog/coast-guard-dials-back-radar-endorsement-training-requirement/) - In a June 7, 2019, notice in the Federal Register the Coast Guard announces a "final rule," effective July 22, 2019: "This rule will affect mariners who have served on radar-equipped vessels, in a position that routinely uses radar for 1 year in the previous 5 years for navigation and collision avoidance purposes, and mariners
- [Admiralty & Maritime Cases in Federal Court](https://golawllc.com/towboatlaw-blog/admiralty-maritime-cases-in-federal-court/) - G&O lawyers Fred Goldsmith and Eric Iamurri authored "A Primer on Admiralty and Maritime Actions and the Federal Courts", which appears in the January 1, 2021, edition of the Lawyers Journal, published by the Allegheny County Bar Association.
- [Court Holds "Thunder Horse" Floating Production Drilling Quarters Not "Vessel" Under Maritime Law, So Injured Claimant Cannot Be Jones Act Seaman](https://golawllc.com/towboatlaw-blog/court-holds-red-hawk-spar-not-vessel-so-claimant-cannot-be-jones-act-seaman/) - In recent years, the oil and gas industry has designed, built, and installed in the Gulf of Mexico hugely expensive and technologically complex drilling and production structures capable of extracting hydrocarbons from beneath the seabed in the Gulf's deep waters. In shallower waters, the industry can use jack-up drilling rigs, which, since they have hulls
- [New York State's Highest Court Dismisses Claim That State Inspectors Failed to Certify Safe Passenger Capacity of Tour Boat "Ethan Allen"](https://golawllc.com/towboatlaw-blog/new-york-states-highest-court-dismisses-claim-that-state-inspectors-failed-to-certify-safe-passenger-capacity-of-tour-boat-ethan-allen/) - The New York Court of Appeals on November 29, 2012, resolved the issue of whether the State of New York "can be held liable to individuals who were injured and the personal representatives of those who lost their lives due to the tragic capsizing of a public vessel -- the Ethan Allen." The court, in
- [Unseaworthiness Under the General Maritime Law: Court Decision Highlights Jones Act Seaman's Powerful Claim to Recover for Injury](https://golawllc.com/towboatlaw-blog/unseaworthiness-under-the-general-maritime-law-court-decision-highlights-jones-act-seamans-powerful-claim-to-recover-for-injury/) - In Laborde v. SGS North America, Inc., 2012 U.S. Dist. LEXIS 170544 (M.D. La. Nov. 29, 2012), Brent Laborde sued his employer, SGS, as a seaman under the Jones Act, 46 U.S.C.A. § 30104, for personal injuries he sustained while moving a heavy coil of rope aboard the M/V Helen G, which was also owned,
- [Jury Awards $100,000 in Punitive Damages to Whistleblower Engineer Under Seaman's Protection Act](https://golawllc.com/towboatlaw-blog/jury-awards-100000-in-punitive-damanges-to-whistleblower-engineer-under-seamans-protection-act/) - Jeffrey Polek, a newly-licensed engineer aboard Grand River Navigation Co., Inc.'s M/V MANISTEE, reported to the U.S. Coast Guard a fracture in the vessel's side shell, after his reports of the fracture to company personnel were shrugged off. A Michigan federal court jury decided Grand River "unlawfully terminated Plaintiff's employment because of his good faith
- [52 Year-Old Crewman of Offshore Tug Injured During Submerged Pipeline Anchor Pulling Entitled to $1,678,948 in Damages](https://golawllc.com/towboatlaw-blog/52-year-old-crewman-of-offshore-tug-injured-during-submerged-pipeline-anchor-pulling-entitled-to-1678948-in-damages/) - In Harrington v. Atlantic Sounding Co., 2013 U.S. Dist. LEXIS 2988 (E.D.N.Y. Jan. 7, 2013), Brooklyn-based U.S. District Judge Nina Gershon found Atlantic Sounding Co., Inc. and Weeks Marine, Inc. negligent under the Jones Act and the tug M/V CANDACE unseaworthy under the general maritime law. She found no contributory negligence. She awarded Frederick J.
- [U.S. Supreme Court: Floating Home Not Designed to Any Practical Degree for Carrying People or Things on Water not a "Vessel"](https://golawllc.com/towboatlaw-blog/u-s-supreme-court-floating-home-not-designed-to-any-practical-degree-for-carrying-people-or-things-on-water-not-a-vessel/) - Whether a structure is a "vessel" under maritime law has significant consequences, including, for example, whether those aboard it may be considered "seamen" under the Jones Act, whether it is subject to regulation by the U.S. Coast Guard, or whether those furnishing "necessaries" to it are entitled to assert a maritime lien against it when
- [Materials Vessel Operator Provides to U.S. Coast Guard to Further Agency's Marine Casualty Investigation Not Exempt From Discovery by Injured Claimant](https://golawllc.com/towboatlaw-blog/materials-vessel-operator-provides-to-u-s-coast-guard-to-further-agencys-marine-casualty-investigation-not-exempt-from-discovery-by-injured-claimant/) - Patricia Guest, one of about 4,500 passengers and crew aboard the CARNIVAL SPLENDOR cruise liner in November 2010, allegedly slipped and fell, injuring her shoulder. She claimed in a personal injury lawsuit against Carnival Corporation her accident occurred while the vessel, including its stabilizers, was disabled and adrift following an engine room fire and that
- [Liability Waiver Signed by Cruise Line Passenger While on Sea-Doo Excursion is Void Under Limitation of Liability Act](https://golawllc.com/towboatlaw-blog/liability-waiver-signed-by-cruise-line-passenger-while-on-sea-doo-excursion-is-void-under-limitation-of-liability-act/) - As described in In re Royal Caribbean Cruises, 2013 U.S. Dist. LEXIS 14610 (S.D. Fla. Feb. 4, 2013), Linda Arnold and her husband, Glynn Daniels [the Court in its opinion refers to Daniels as her "boyfriend," but in her filings in the case, Arnold says Daniels is her husband], went on a three-day cruise aboard
- [Linesman's Louisiana State Court Lawsuit, in Which he Claimed to Be Jones Act Seaman, Improperly Removed to Federal Court](https://golawllc.com/towboatlaw-blog/linesmans-louisiana-state-court-lawsuit-in-which-he-claimed-to-be-jones-act-seaman-improperly-removed-to-federal-court/) - Earl Scott Brewer filed a lawsuit in the Twenty-Third Judicial District Court of St. James Parish, Louisiana, against Cooper/T. Smith Mooring Co. ("Cooper") and others. He claimed he worked for Cooper as a linesman and that when pulling on a line while releasing a barge from a dock, he seriously injured his neck, back and
- [Employer Not Automatically Entitled to Restitution for Maintenance and Cure Paid to Seaman Who Intentionally Misrepresents or Conceals Pre-existing Medical Condition](https://golawllc.com/towboatlaw-blog/employer-not-automatically-entitled-to-restitution-for-maintenance-and-cure-paid-to-seaman-who-intentionally-misrepresents-or-conceals-pre-existing-medical-condition/) - In Boudreaux v. Transocean Deepwater, Inc., 2013 U.S. App. LEXIS 5288 (5th Cir. Mar. 14, 2013), the U.S. Fifth Circuit Court of Appeals, perhaps the country's most experienced and prolific appellate court in admiralty and maritime cases, in an opinion authored by Judge Patrick E. Higginbotham, reaffirmed the judiciary's historical deference to seamen. Before Wallace Boudreaux
- [California Federal Court: "Primary Duty Rule" No Bar to Third Mate's Personal Injury Claims](https://golawllc.com/towboatlaw-blog/california-federal-court-finds-primary-duty-rule-does-not-bar-third-mates-personal-injury-claims/) - Employers of Jones Act seamen sometimes try to defeat the seaman's personal injury or death case by invoking the "Primary Duty Rule," sometimes also known as the Walker-Reinhart Doctrine, after the two cases which first announced the Rule, Walker v. Lykes Bros., 193 F.2d 772 (2d Cir. 1952), and Reinhart v. United States, 457 F.2d
- [Seaman's Employer Which Willfully Denied Maintenance & Cure Ordered to Pay Attorney's Fees at $400/hour, $150/hour for Paralegal Work](https://golawllc.com/towboatlaw-blog/seamans-employer-which-willfully-denied-maintenance-cure-ordered-to-pay-attorneys-fees-at-400hour-150hour-for-paralegal-work/) - A seaman is entitled to maintenance and cure for any injury or illness that occurs, manifests, or becomes aggravated while he or she is in service of his or her ship. "Maintenance" refers to reasonable and necessary food and lodging expenses. "Cure" is the seaman's right to reasonable and necessary medical care until the seaman
- [Lead Mate Aboard Towboat Secures $621K Judgment for Shoulder Injury in Ratchet Accident](https://golawllc.com/towboatlaw-blog/lead-mate-aboard-towboat-secures-621k-judgment-for-shoulder-injury-in-ratchet-accident/) - Quincy Allen was employed by American River Transportation Co. ("ARTCO") as lead mate aboard the ARTCO towboat, the M/V SCARLETT GEM, a fleet boat on the lower Mississippi River. While assisting in the removal of a barge from the tow of an AEP River Operations, LLC towboat near ARTCO's Kenner Bend Fleet, Allen sustained a
- [Employer Blocked in Attempt to Require Injured Seaman to Litigate Maintenance and Cure Claim in Federal Court](https://golawllc.com/towboatlaw-blog/employer-blocked-in-attempt-to-require-injured-seaman-to-litigate-maintenance-and-cure-claim-in-federal-court/) - In Parker Drilling Offshore USA LLC v. Lee, 2013 U.S. Dist. LEXIS 100271 (W.D. La. June 6, 2013), a federal Magistrate Judge recommended that Parker Drilling's Declaratory Judgment Act suit against its Jones Act seaman employee, Andrew Lee, be dismissed in deference to Lee's later-filed Texas state court suit against Parker Drilling. In the federal
- [In Vessel Owner's Limitation of Liability Act Case in Federal Court, Injured Claimant Need Not Stipulate to Owner's Right to Seek Exoneration](https://golawllc.com/towboatlaw-blog/in-vessel-owners-limitation-of-liability-act-case-in-federal-court-injured-claimant-need-not-stipulate-to-owners-right-to-seek-exoneration/) - In two unrelated Vessel Owner's Limitation of Liability Act (46 U.S.C. § 30501, et. seq.) cases decided the same day, a Wheeling, West Virginia-based federal judge ruled in Complaint of: Bellaire Harbor Service, LLC, 2013 U.S. Dist. LEXIS 117991 (N.D. W. Va. Aug. 20, 2013) and In re Campbell Transportation Co., 2013 U.S. Dist. LEXIS
- [Vessel Owner Not Entitled to Damages Cap of Limitation of Liability Act When it Fails to Properly Train its Captain and Has Policy of Violating the Rules of the Road](https://golawllc.com/towboatlaw-blog/vessel-owner-not-entitled-to-damages-cap-of-limitation-of-liability-act-when-it-fails-to-properly-train-its-captain-and-has-policy-of-violating-the-rules-of-the-road/) - In In Re: BOPCO, L.P., 2013 U.S. Dist. LEXIS 128991 (E.D. La. Sept. 9, 2013), two vessels collided at the intersection of the Back Levee Canal and the Main Canal at Point à La Hache, Louisiana. BOPCO, L.P.'s vessel, the M/V MR. JOE, operated by Captain Tyrell DuPont, collided with crabber Ryk Frickey's vessel as
- [Louisiana Federal Court: Punitive Damages Recoverable Under the General Maritime Law in Longshoreman's Section 905(b) Case](https://golawllc.com/towboatlaw-blog/louisiana-federal-court-punitive-damages-recoverable-under-the-general-maritime-law-in-longshoremans-section-905b-case/) - Since the U.S. Supreme Court's decision in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), lower state and federal courts have been grappling with whether punitive damages and other nonpecuniary damage claims (like loss of consortium and loss of society) are available to seamen under the general maritime law, and to longshore and harbor
- [Influential U.S. 5th Circuit Court of Appeals: Jones Act Seaman Can Recover Punitive Damages In General Maritime Law Unseaworthiness Claim](https://golawllc.com/towboatlaw-blog/influential-u-s-5th-circuit-court-of-appeals-jones-act-seaman-can-recover-punitive-damages-in-general-maritime-law-unseaworthiness-claim/) - In McBride v. Estis Well Service, L.L.C., 2013 U.S. App. LEXIS 20187 (5th Cir. Oct. 2, 2013), a panel of the U.S. Fifth Circuit Court of Appeals, one of, if not the, most respected federal appellate courts when it comes to the development of maritime law in the United States, found that the Jones Act,
- [Tug Operator's Lack of Training and Procedures Lead to Deckhand's Crushing Death in Capstan and $1.6 Million Judgment](https://golawllc.com/towboatlaw-blog/tug-operators-lack-of-training-and-procedures-lead-to-deckhands-crushing-death-in-capstan-and-1-6-million-judgment/) - Two days after Christmas 2009 aboard the Tug TURECAMO GIRLS, deckhand Ricardo Young was crushed to death in the tug's capstan. Medical experts testified Young was conscious for over two minutes to experience his body being torn apart as the towing line, attached to a sludge barge weighing 15 million pounds, wrapped him around the
- [Federal Judge Refuses to Enforce Release Deckhand Signed While Unrepresented by Counsel, Lacking Specialized Medical Advice, and Paid Only $860 for Serious Back Injury](https://golawllc.com/towboatlaw-blog/federal-judge-refuses-to-enforce-release-deckhand-signed-while-unrepresented-by-counsel-lacking-specialized-medical-advice-and-paid-only-860-for-serious-back-injury/) - While deckhanding for Double J. Marine, LLC aboard its towboat, the M/V MISS KAYLYNN, Matthew Nuber seriously injured his back while pulling on a face wire. On the day of the accident, Nuber only had the benefit of an emergency room physician's opinion, without any diagnostic testing, such as an x-ray or an MRI, that
- [Federal Appeals Court Affirms Unseaworthiness Findings and $1.2 Million Pain & Suffering Damages to 52-Year-Old Tug Crewman](https://golawllc.com/towboatlaw-blog/federal-appeals-court-affirms-unseaworthiness-findings-and-1-2-million-pain-suffering-damages-to-52-year-old-tug-crewman/) - I posted in Towboatlaw on this case in January 2013, four days after U.S. District Judge Nina Gershon entered her decision in Harrington v. Atlantic Sounding Co., 2013 U.S. Dist. LEXIS 2988 (E.D.N.Y. Jan. 7, 2013), finding Atlantic Sounding Co., Inc. and Weeks Marine, Inc. negligent under the Jones Act and the tug CANDACE unseaworthy
- [BP Guilty Plea and Indictments of Individuals](https://golawllc.com/towboatlaw-blog/bp-guilty-plea-and-indictments-of-individuals/) - The Deepwater Horizon semi-submersible drilling rig was owned and operated by Transocean and drilling for British Petroleum in the Macondo Prospect (situated in Mississippi Canyon Block 252), about 50 miles offshore Louisiana on April 20, 2010. When the rig exploded, 11 men were killed, 17 were injured, 99 survived. The Deepwater Horizon burned and eventually
- [Towboat Company's One-Sided Review of, and Delay in Paying, Seaman's Maintenance and Cure Claim Draws $300,000 Punitive Damages Judgment](https://golawllc.com/towboatlaw-blog/towboat-companys-one-sided-review-of-and-delay-in-paying-seamans-maintenance-and-cure-claim-draws-300000-punitive-damages-judgment/) - In Stermer v. Archer-Daniels-Midland Co., 2014 WL 25153872014 (La. App. 3d Cir. June 4, 2014), American River Transportation Company (ARTCO) employed Adrienne Stermer as a cook on its towboat. About two weeks into her hitch, while the towboat was facing up to its tow and Stermer was in the galley, kneeling before an open refrigerator,
- [Port Engineer Who Worked Mostly on Stationary Vessels Entitled to Jury Trial on Seaman Status](https://golawllc.com/towboatlaw-blog/port-engineer-who-worked-mostly-on-stationary-vessels-entitled-to-jury-trial-on-seaman-status/) - In Haas v. Beatty Street Properties, Inc., 2014 WL 2932258 (S.D. Tex. June 27, 2014), Timothy Haas worked as an assistant port engineer for Beatty Street Properties, Inc. ("BSP"). His job was to maintain the mechanical systems on BSP's boats. He spent about 90% of his working hours on the boats, which were docked about 60% of
- [Jury Properly Instructed "Assumption of the Risk" is No Defense, When Employer Injects Such Evidence and Argument Into Case](https://golawllc.com/towboatlaw-blog/jury-properly-instructed-assumption-of-the-risk-is-no-defense-when-employer-injects-such-evidence-and-argument-into-case/) - Union Pacific R. Co. v. Estate of Gutierrez, 2014 WL 4109586 (Tex.App. -- Houston [1st Dist.] August 21, 2014), is a Federal Employers Liability Act (or "FELA") case. But, the Jones Act, applicable to a seaman's negligence action against his employer for personal injury or death, expressly incorporates the FELA by reference, so court decisions
- [Court Invokes Flotilla Doctrine, Orders Vessel Owner to Increase Security in Limitation Act Case to Include Value of 2d Tug Involved in Accident](https://golawllc.com/towboatlaw-blog/court-invokes-flotilla-doctrine-orders-vessel-owner-to-increase-security-in-limitation-act-case-to-include-value-of-2d-tug-involved-in-accident/) - The federal case of Crosby Marine Transp., LLC v. Triton Diving Servs., LLC, CIV. 13-2399, 2014 WL 5026070 (W.D. La. Oct. 8, 2014) arises out of accident which occurred in May 2013, in which a tug, the M/V CROSBY MARINER, and another Crosby Marine Transportation-owned tug, the M/V CROSBY EXPRESS, were moving a barge in
- [Survivors of Tug Captain Found Dead and Floating Alongside Allowed to Proceed With Claims Against Tug Owner](https://golawllc.com/towboatlaw-blog/survivors-of-tug-captain-found-dead-and-floating-alongside-allowed-to-proceed-with-claims-against-tug-owner/) - In In re Complaint of McAllister Towing & Transp. Co., Inc., 2015 WL 1515369 (S.D.N.Y. Mar. 31, 2015), the tug owner, McAllister, filed suit under the Vessel Owners' Limitation of Liability Act and later sought to dismiss on motion for summary judgment the claims brought by the survivors of the captain of its tug, the
- [Tug Operator Ordered to Pay Injured Deckhand's Attorney's Fees and Punitive Damages for Willful Failure to Pay Maintenance and Cure](https://golawllc.com/towboatlaw-blog/tug-operator-ordered-to-pay-injured-deckhands-attorneys-fees-and-punitive-damages-for-willful-failure-to-pay-maintenance-and-cure/) - Ciro Charles Hicks was serving as a deckhand on the Tug PATRIOT, operated by Vane Line Bunkering, Inc., when he injured his shoulder while handling heavy towing gear. About two months later, following a diagnosis of a possible rotator cuff tear, and failure of a cortisone injection to relieve his pain, Hicks underwent surgery on
- [Towboat Company's Pre-Trial Attack on Plaintiff Deckhand's Liability Expert Fails](https://golawllc.com/towboatlaw-blog/towboat-companys-pre-trial-attack-on-plaintiff-deckhands-liability-expert-fails/) - In Paster v. Ingram Barge Company, 2015 WL 3680700 (E.D. La. June 12, 2015), deckhand Tommy Paster sued Ingram, his employer and the owner/operator of the towboat, the M/V O.A. FRANKS, alleging he seriously injured his back while standing on the edge of a barge and using a three to four-foot pole with a hook
- [Texas Court Upholds $8.5 Million Verdict for Injured Offshore Rig Mechanic, Holds Trial Judge Was Correct to Keep Out of Trial Unfair Surveillance Video](https://golawllc.com/towboatlaw-blog/texas-court-upholds-8-5-million-verdict-for-injured-offshore-rig-mechanic-holds-trial-judge-was-correct-to-keep-out-of-trial-unfair-surveillance-video/) - In Diamond Offshore Servs. Ltd. v. Williams, 2015 WL 4480577 (Tex. App. -- Houston [1st. Dist.] July 21, 2015), Willie David Williams sued Diamond Offshore for negligence under the Jones Act and unseaworthiness under the general maritime law after he seriously injured his back repairing equipment aboard an offshore oil rig owned and operated by
- [Punitive Damages Claim Against Operator of Lift Bridge, Which Crushed Tug's Wheelhouse, Killing Captain, May Proceed to Trial](https://golawllc.com/towboatlaw-blog/punitive-damages-claim-against-operator-of-lift-bridge-which-crushed-tugs-wheelhouse-killing-captain-may-proceed-to-trial/) - In Collins v. A.B.C. Marine Towing, L.L.C. and Board of Commissioners of the Port of New Orleans, 2015 WL 9257862 (E.D. La. Dec. 18, 2015), a Louisiana federal court reconsidered its prior decision and denied the Board of Commissioners of the Port of New Orleans' motion to dismiss punitive damages claims against it. The case
- [Court Finds Harbor Towboat Deckhand Work May Well be a Two-Man Job](https://golawllc.com/towboatlaw-blog/court-finds-harbor-towboat-deckhand-work-may-well-be-a-two-man-job/) - In Keeney v. Ingram Barge Company, 2016 WL 1660398 (M.D. Tenn. Apr. 27, 2016), a federal district judge in Nashville denied Ingram Barge Company's motion to dismiss the Jones Act negligence and general maritime law unseaworthiness claims in the lawsuit brought by Chase Keeney, an experienced deckhand aboard its harbor towboat, the M/V WILLARD HAMMOND.
- [Texas Federal Judge Sends to Trial Case of Deckhand Who Seriously Injured His Back Trying to Swing a Barge Swivel Winch](https://golawllc.com/towboatlaw-blog/texas-federal-judge-sends-to-trial-case-of-deckhand-who-seriously-injured-his-back-trying-to-swing-a-barge-swivel-winch/) - In Bordas v. Marquette Transp. Co. Gulf-Inland LLC, 2016 WL 2866266 (S.D. Tex. Apr. 26, 2016), report and recommendation adopted, 2016 WL 2858905 (S.D. Tex. May 16, 2016), U.S. District Judge Nelva Gonzales Ramos of the Southern District of Texas agreed with U.S. Magistrate Judge Jason B. Libby that Marquette Transportation Company Gulf–Inland, L.L.C. deckhand
- [Court Orders Towboat Company to Produce Surveillance Video Before Crewman's Deposition](https://golawllc.com/towboatlaw-blog/court-orders-towboat-company-to-produce-surveillance-video-before-crewmans-deposition/) - In Meyer v. Turn Services, L.L.C., 2016 WL 6610931 (E.D. La. Nov. 9, 2016), a federal magistrate judge granted the plaintiff towboat crewman's motion to compel the defendant towboat company to produce surveillance video it had shot of the crewman. The Court also denied the company's motion for a protective order to allow it to
- [National Transportation Safety Board (NTSB) Releases 2016 Digest of Lessons Learned from 27 Major Maritime Casualties](https://golawllc.com/towboatlaw-blog/national-transportation-safety-board-ntsb-releases-2016-digest-of-lessons-learned-from-27-major-maritime-casualties/) - According to the NTSB press release (https://www.ntsb.gov/news/press-releases/Pages/PR20170727.aspx), "The lessons learned from the investigation of 27 major, maritime accidents involving loss of life, injuries and property damage are detailed in the National Transportation Safety Board’s Safer Seas Digest 2016, released online Thursday [7/27/17]. The publication is a compendium of the marine accident reports that the agency
- [Crewman Seriously Injured From Fall on Icy Barge Deck Can Pursue Unseaworthiness Claim](https://golawllc.com/towboatlaw-blog/crewman-seriously-injured-from-fall-on-icy-barge-deck-can-pursue-unseaworthiness-claim/) - In Seemann v. Coastal Environmental Group, Inc., 2016 WL 7015728 (E.D.N.Y. Nov. 29, 2016), Johnny Seemann, a crewman aboard a self-propelled barge named the "Army I," claimed he hurt his back and shoulder when he slipped and fell on a patch of ice and/or snow on the deck of the barge. Among other claims, Seemann
- [Court Finds Seaman's Protection Act Requires Tug Captain Fired for Reporting Safety Violations be Re-Hired](https://golawllc.com/towboatlaw-blog/court-finds-seamans-protection-act-requires-tug-captain-fired-for-reporting-safety-violations-be-re-hired/) - In Harley Marine Services, Inc. v. U.S. Department of Labor, 2017 WL 370843 (11th Cir. Jan. 26. 2017), the Court ruled the justification Harley Marine gave for firing tug captain Joseph E. Dady was pretextual, that Harley Marine fired Dady for reporting unsafe activities which violated federal law or regulation, and that Harley knew about
- [WA State Supreme Court: Jones Act Seaman Can Recover Punitive Damages in Unseaworthiness Claim](https://golawllc.com/towboatlaw-blog/wa-state-supreme-court-jones-act-seaman-can-recover-punitive-damages-in-unseaworthiness-claim/) - In Tabingo v. American Triumph LLC, No. 92913-1 (Wa. March 9, 2017) (en banc), the Washington (state) Supreme Court held, as a matter of law, the issue of the recoverability of punitive damages in a Jones Act seaman's general maritime law unseaworthiness claim is governed by the U.S. Supreme Court's analysis in Atlantic Sounding Co.
- [$400,000 Judgment for Seaman's Pre-Death Fear and Conscious Pain and Suffering Affirmed on Appeal](https://golawllc.com/towboatlaw-blog/400000-judgment-for-seamans-pre-death-fear-and-conscious-pain-and-suffering-affirmed-on-appeal/) - In McBride v. Estis Well Service, L.L.C., 2017 WL 1321979 (5th Cir. Apr. 10, 2017), Sky Sonnier, a crewman on a barge supporting a truck-mounted drilling rig operating in Louisiana navigable waters, was killed when the rig and truck toppled over, pinning him between the derrick and mud tank. The Fifth Circuit Court of Appeals
- [U.S. Coast Guard Releases Marine Board of Investigation Report on EL FARO Tragedy](https://golawllc.com/towboatlaw-blog/u-s-coast-guard-releases-marine-board-of-investigation-report-on-el-faro-tragedy/) - All thirty-three crew members of the container and roll-on/roll-off cargo ship, the EL FARO, perished on October 1, 2015, when the vessel sank near the eye of Hurricane Joaquin, en route from Jacksonville, Florida, to San Juan, Puerto Rico. The Coast Guard in its report faults, among others, the ship's master and operating companies. You
- [U.S. Coast Guard Ups Dollar Thresholds for Property Damage Marine Casualty Reporting](https://golawllc.com/towboatlaw-blog/u-s-_coast_guard_ups_dollar_thresholds_for_property_damage_marine_casualty_reporting/) - On March 19, 2018, the U.S. Coast Guard published a formal notice in the Federal Register, amending its regulations to increase the estimated dollar value of property damage required for vessel operators to immediately report the incident to this federal agency. A reportable property damage "marine casualty" increases to $100,000, from $25,000, and a "serious
- [NTSB Posts “Illustrated Digest” on Why the EL FARO Sank, Killing 33 Souls](https://golawllc.com/towboatlaw-blog/ntsb-posts-illustrated-digest-on-why-the-el-faro-sank-killing-33-souls/) - The National Transportation Safety Board recently published online a concise and easy-to-understand 16-page pdf document entitled “Sinking of the US Cargo Vessel El Faro.” The ship sank on October 1, 2015, 36 nautical miles northeast of Acklins and Crooked Islands, Bahamas, and close to the eye of Hurricane Joaquin, which packed average wind speeds of 117
- [CBD Oil Rubs the Coast Guard the Wrong Way](https://golawllc.com/towboatlaw-blog/cbd-oil-rubs-the-coast-guard-the-wrong-way/) - Mariners -- just like everyone else with sore muscles and joints -- are using CBD oil or ointment to manage their aches and pains. The problem is CBD oil can contain, even in small amounts, THC, or tetrahydrocannabinol, the active ingredient in marijuana. And when a mariner takes a random or post-accident drug test,

## Accidental Death Posts

- [Impact of Injured Person's Unrelated Death on the Spouse's Loss of Consortium Claim](https://golawllc.com/accidental-death-blog/impact-of-injured-persons-unrelated-death-on-the-spouses-loss-of-consortium-claim/) - In my last post, I discussed the impact on future damages when an injured person dies from a cause unrelated to the negligence or strict products liability giving rise to the lawsuit. I left for a future post the effect of an injured person’s unrelated death on their spouse’s loss of consortium claim. So, what
- [Impact of an Injured Person’s Unrelated Death on Future Damages](https://golawllc.com/accidental-death-blog/unrelated-death-and-future-damages/) - In Pennsylvania, when a person is injured and, let’s assume the injuries will be permanent, the injured person has a claim for both past and future damages. These damages could involve past wage loss, future wage loss or loss of future earning capacity, past pain and suffering, future pain and suffering, past medical expenses, future
- [Basics of a Survival Action in Pennsylvania](https://golawllc.com/accidental-death-blog/basics-of-a-survival-action-in-pennsylvania/) - As previously mentioned, Pennsylvania permits the recovery of damages due to an accidental death caused by someone else’s negligence or other conduct under two statutes: the Wrongful Death Act, 42 Pa.C.S. § 8301, and the Survival Act, 42 Pa. C.S. § 8302. This post focuses on a claim for damages under the Survival Act in
- [A Decedent's Agreement to Arbitrate All Claims is Not Binding on Wrongful Death Claimants in Pennsylvania](https://golawllc.com/accidental-death-blog/a-decedents-agreement-to-arbitrate-all-claims-is-not-binding-on-wrongful-death-claimants-in-pennsylvania/) - In the previous posts, I discussed the difference between a wrongful death action and survival action in the Commonwealth of Pennsylvania. A recent opinion, Pisano v. Extendicare Homes, Inc., 2013 Pa. Super. LEXIS 2144*1 (August 12, 2013), from the Superior Court of Pennsylvania provides an excellent example of the difference between the two actions. In
- [Basics on the Wrongful Death Action in West Virginia](https://golawllc.com/accidental-death-blog/basics-on-the-wrongful-death-action-in-west-virginia/) - This post focuses on the very basics of a wrongful death action in West Virginia. W.Va. Code § 55-7-5 et seq. What is a wrongful death action in West Virginia? West Virginia permits the recovery of damages due to the death of a person from a wrongful act, neglect, or default. W.Va. Code § 55-7-5. If damages are recovered, they "shall
- [Valet Service Owed No Duty to Withhold Keys to Vehicle Even if Owner Was Visibly Intoxicated](https://golawllc.com/accidental-death-blog/valet-service-owed-no-duty-to-withhold-keys-to-vehicle-even-if-owner-is-visibly-intoxicated/) - In Moranko v. Downs Racing LP, 2014 WL 2861549*1 (Pa. Super. June 24, 2014), a mother filed a wrongful death and survival action arising from the death of her son from an automobile accident after the son left the Mohegan Sun at Pocono Downs. The mother alleged in the complaint that her son drank "copious
- [Can an Adult Child of a Decedent Share in Wrongful Death Proceeds in Pennsylvania?](https://golawllc.com/accidental-death-blog/can-an-adult-child-of-a-decedent-share-in-wrongful-death-proceeds-in-pennsylvania/) - Can an adult child of a decedent share in the proceeds from a Wrongful Death action in Pennsylvania (42 Pa. C.S. Section 8301)? This is a question that often arises in accidental / wrongful death cases. Pursuant to 42 Pa. C.S. Section 8301(b), the "right of action created by this section shall exist only for
- [Nursing Home Arbitration Agreement Not Binding on Non-Signatory Wrongful Death Beneficiaries](https://golawllc.com/accidental-death-blog/nursing-home-arbitration-agreement-not-binding-on-non-signatory-wrongful-death-beneficiaries/) - In Taylor v. Extendicare Health Facilities, Inc., 113 A.3d 317 (Pa. Super. 2015), the Superior Court of Pennsylvania addressed whether an arbitration agreement with a nursing home facility signed by the decedent's authorized representative was binding on the wrongful death beneficiaries when a wrongful death claim was filed on behalf of the beneficiaries arising from
- [Triathlete's Widow Can Maintain Wrongful Death Action Against Organizer Despite Triathlete Executing Waiver and Release Form](https://golawllc.com/accidental-death-blog/triathletes-widow-can-maintain-wrongful-death-action-against-organizer-despite-triathlete-executing-waiver-and-release-form/) - Following its prior decision in Pisano v. Extendicare Homes, Inc., 77 A.3d 651 (Pa. Super. 2013), the Superior Court of Pennsylvania found in Valentino v. Philadelphia Triathlon, LLC, 2015 WL 9630456, *10 (Pa. Super. Dec. 30, 2015), that a triathlete's widow could maintain a wrongful death action despite the triathlete executing a waiver and release
- [Court Approval of Settlements in Wrongful Death Actions in Pennsylvania](https://golawllc.com/accidental-death-blog/court-approval-of-settlements-in-wrongful-death-actions-in-pennsylvania/) - In our experience, family members of someone who has died due to the fault of others, only recover the full value for their claims by filing a lawsuit, and certainly by consulting and working closely with a lawyer. Fortunately, most civil lawsuits are able to be resolved, or settled, before trial, although sometimes a trial
- [Basics on the Wrongful Death Action in Pennsylvania](https://golawllc.com/accidental-death-blog/basics-on-the-wrongful-death-action-in-pennsylvania/) - This is the first in a series of posts that will provide general background on claims that may be made due to an accidental death in Pennsylvania and West Virginia. Today, I am going to focus on a claim for damages under the Wrongful Death Act in Pennsylvania. As you will read, the basis for
- [Commonwealth Court of Pennsyvania Finds it was for the Jury to Decide Whether Municipalities had Notice of a Dangerous Condition of a Road and Could Have Used Traffic Devices to Prevent a Fatal Accident](https://golawllc.com/accidental-death-blog/commonwealth-court-of-pennsyvania-finds-it-was-for-the-jury-to-decide-whether-municipalities-had-notice-of-a-dangerous-condition-of-a-road-and-could-have-used-traffic-devices-to-prevent-a-fatal-accide/) - In certain circumstances, a vehicular death can be avoided through the state or municipalities installing traffic devices to make a road less dangerous. In Angell v. Dereno, 2016 WL 913139 at *1 (Pa. Cmwlth. Mar. 10, 2016), the Commonwealth Court of Pennsylvania addressed whether the trial court erred in granting summary judgment (this is a
- [Motorhome Wrongful Death Case Will Proceed to Trial](https://golawllc.com/accidental-death-blog/motorhome-wrongful-death-case-will-proceed-to-trial/) - Like many people in Pennsylvania, on September 11, 2011, John Borzik decided to perform maintenance work on a motorhome he owned. While trying to find the source of an antifreeze leak, Mr. Borzik positioned himself under his motorhome on his back near the right side rear axle. During the maintenance work, the frame of the
- [U.S. Government Data on Work Deaths for 2014](https://golawllc.com/accidental-death-blog/u-s-government-data-on-work-deaths-for-2014/) - While doing research, I recently ran across U.S. government data on fatal work injuries for 2014 and found some alarming numbers. The data came from the "Census of Fatal Occupational Injuries Summary, 2014," which was conducted by the U.S. Bureau of Labor Statistics and released on September 17, 2015. The data is a preliminary summary.
- [Wrongful Death and Survival Action as to a Seaman’s Employer](https://golawllc.com/accidental-death-blog/wrongful-death-and-survival-action-as-to-a-seamans-employer/) - Our law firm focuses its practice on helping injured people and families that have lost a loved one, including regularly handling transportation related matters such as maritime and admiralty cases involving seamen and individuals injured or killed on the rivers (the Ohio, Monongahela, Allegheny, Kanawha, and Mississippi) and railroad cases involving railroad workers like conductors,
- [Talcum Powder Verdict in Ovarian Cancer Death](https://golawllc.com/accidental-death-blog/talcum-powder-verdict-in-ovarian-cancer-death/) - I grew up in a house with my maternal grandparents and regularly recall my grandmother using a lot of talcum powder (baby powder). When I would walk into the bathroom, the powder would be on the sink and on the floor. I never thought that powder that most people regularly use could be harmful. In
- [Explosion at Gas Pipeline in Salem Township, Westmoreland County, Pennsylvania](https://golawllc.com/accidental-death-blog/explosion-at-gas-pipeline-in-salem-township-westmoreland-county-pennsylvania/) - According to reports from news outlets in the Pittsburgh, Pennsylvania area, there was an explosion at a gas pipeline in Salem Township, Westmoreland County, Pennsylvania, around 8:30 a.m. this morning. The explosion occurred near Route 22 and Route 819 in Salem Township. Photographs from folks close to the site show flames shooting above the treetops.
- [Another Large Verdict in a Talcum Powder/Ovarian Cancer Case](https://golawllc.com/accidental-death-blog/another-large-verdict-in-a-talcum-powderovarian-cancer-case/) - Two weeks ago, I reported on a $72 million jury verdict in which the jury found that Johnson & Johnson's talcum powder caused a woman's ovarian cancer, which she unfortunately passed away from prior to trial. This time after a three-week trial, again in Missouri, another jury has found Johnson & Johnson's talcum powder products
- [Accidental Death of Towboat Engineer on Monongahela River](https://golawllc.com/accidental-death-blog/accidental-death-of-towboat-engineer-on-monongahela-river/) - The captains, pilots, engineers, deckhands, cooks etc. that work on the rivers are hardworking and dedicated to their jobs trying to earn a living for their families. As such, it is sad when you hear that one of those hardworking mariners is accidentally killed on the river. Unfortunately, according to local media reports in Pittsburgh, Pennsylvania, on May 11, 2016, two young
- [Adult Children and Wrongful Death Proceeds](https://golawllc.com/accidental-death-blog/adult-children-and-wrongful-death-benefits/) - In Pennsylvania, if you are an adult child and lose a parent due to an accidental or wrongful death, you need to show that you suffered a pecuniary loss in order to be a wrongful death beneficiary. There is no requirement that the adult child has to live at home with the parent in order
- [Superior Court of Pennsylvania Again Refuses to Enforce Arbitration Agreement as to Wrongful Death and Survival Claims Involving Claims of Nursing Home Negligence](https://golawllc.com/accidental-death-blog/superior-court-of-pennsylvania-again-refuses-to-enforce-arbitration-agreement-in-wrongful-death-and-survival-action-involving-nursing-home/) - The Superior Court of Pennsylvania has reaffirmed that an arbitration agreement executed by a decedent's spouse is not binding on wrongful death beneficiaries. In Brosius v. HCR Manorcare, LLC, 2016 WL 1625790 (Pa. Super. April 25, 2016), William Brosius died while a resident at a Manor Care facility following his admission to recover from surgery
- [The Deadliest Jobs in the United States](https://golawllc.com/accidental-death-blog/deadliest-jobs-u-s/) - What are the deadliest jobs in the U.S.? Data from the U.S. Department of Labor answers the question. Recently, the U.S. Department of Labor's Bureau of Labor Statistics released the National Census of Fatal Occupational Injuries in 2017, which looks at fatal work injuries or work deaths recorded in the U.S. in 2017. According to
- [Overview of Pennsylvania Law Governing Pedestrians Walking or Running On or Near a Roadway](https://golawllc.com/accidental-death-blog/overview-pennsylvania-law-governing-pedestrians-walking-running-near-roadway/) - As a runner, I spend a fair amount of time walking my dog or running for exercise around my town, which is located in Pennsylvania. This necessarily involves walking or running on or near roads. Sometimes the roads have a sidewalk and sometimes the roads do not. Most people might be surprised that Pennsylvania has
- [2015 Pennsylvania Heavy Truck (Tractor-Trailer) Crash Facts and Statistics](https://golawllc.com/accidental-death-blog/2015-pennsylvania-heavy-truck-tractor-trailer-crash-facts-and-statistics/) - While driving on the Pennsylvania Turnpike a couple of weeks ago, I twice encountered the remnants of large tires from tractor-trailers in the middle of the highway. With quick maneuvering, I was lucky to avoid the tires. The damaged tires easily could have caused an accident and were a reminder of the potential dangers drivers
- [Truck Driving - A Dangerous Job](https://golawllc.com/accidental-death-blog/truck-driving-a-dangerous-job/) - Did you know that one out of every six worker in the United States that is killed on the job is a truck driver? Probably not. Back in April 2016, I wrote about the "Census of Fatal Occupational Injuries Summary, 2014,” which was conducted by the U.S. Bureau of Labor Statistics. The Census tracks work-related
- [United States District Court for the Western District of Pennsylvania Finds Arbitration Clause in Nursing Facility Operator's Admission Agreement Does Not Waive Right to Jury Trial as to Wrongful Death and Survival Claims](https://golawllc.com/accidental-death-blog/united-states-district-court-for-the-western-district-of-pennsylvania-finds-arbitration-clause-in-nursing-facility-operators-admission-agreement-does-not-waive-right-to-jury-trial-as-to-wrongful-dea/) - Recently, and as previously discussed in this blog, Pennsylvania state courts have found that an arbitration provision in an admission agreement of a nursing home operator or skilled nursing facility does not waive the right to a jury trial as to a wrongful death claim or survival claim. Differentiating from recent decisions by other federal
- [Bicyclist Death in Pittsburgh](https://golawllc.com/accidental-death-blog/bicyclist-death-in-pittsburgh/) - Earlier this week, a bicyclist, Dennis Flanagan, from McKees Rocks was killed after an SUV struck him, while on his bicycle, on West Carson Street, near the Station Square bus station. According to an article in the Tribune Review written by Michael Walton, Flanagan began riding his bicycle daily to improve his health following a
- [CMS Issues Rule Barring Pre-Dispute Arbitration Clauses in Long-Term Care Facility / Nursing Home Contracts for Facilities Receiving Federal Funding](https://golawllc.com/accidental-death-blog/cms-issues-rule-barring-pre-dispute-arbitration-clauses-in-long-term-care-facility-nursing-home-contracts-for-facilities-receiving-federal-funding/) - An elderly loved one needs to be immediately admitted to a nursing home / long-term care facility. In a rush and happy that a bed is found, you or the elderly person frantically rush through and sign the admission paperwork, including a contract. A few days, months, or years later the elderly person is injured
- [Supreme Court of Pennsylvania Reverses Taylor v. Extendicare Health Facilities, Inc. and Holds that the Federal Arbitration Act Requires Arbitration of a Survival Claim Arising from an Alleged Death in a Nursing Home](https://golawllc.com/accidental-death-blog/supreme-court-of-pennsylvania-reverses-taylor-v-extendicare-health-facilities-inc-and-holds-that-the-federal-arbitration-act-requires-arbitration-of-a-survival-claim-arising-form-a-nursing-home-dea/) - Over the past year, I have reported on cases in which the Superior Court of Pennsylvania refused to require arbitration of wrongful death and survival actions, despite the existence of an arbitration agreement with a nursing home facility, arising from the alleged action or inaction of the nursing home causing the death of a resident.
- [West Virginia's Child Neglect Resulting in Death Statute Does Not Apply to a Fetus](https://golawllc.com/accidental-death-blog/west-virginias-child-neglect-resulting-in-death-statute-does-not-apply-to-a-fetus/) - Although the below case, which involves the tragic death of an 11-day-old child, pertains to a criminal statute, it is important to civil matters from the standpoint of how the judiciary looks at the plain language of a statute when interpreting the statute. In West Virginia v. Louk, 237 S.E.2d 219 (W.Va. 2016), the defendant
- [Federal Judge Grants Injunction as to CMS Rule Barring Pre-Dispute Arbitration Clauses in Long-Term Care Facility / Nursing Home Contracts for Facilities Receiving Federal Funding](https://golawllc.com/accidental-death-blog/federal-judge-grants-injunction-as-to-cms-rule-barring-pre-dispute-arbitration-clauses-in-long-term-care-facility-nursing-home-contracts-for-facilities-receiving-federal-funding/) - I previously reported in a post that on September 28, 2016, the Centers for Medicare and Medicaid Services (“CMS”), which is part of the U.S. Department of Health and Human Services, announced that it issued a final rule prohibiting the use of pre-dispute binding arbitration agreements with regard to long-term care facilities / nursing homes

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