Published: July 10, 2013
By: Frederick B. Goldsmith
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 serious shoulder injury. The AEP deckhand assisting Allen kicked loose the coupling on the barge by releasing the pelican hook on a ratchet while the line was under strain. Unbeknownst to the two workers, the wire was kinked and, when it was released, it recoiled and caught Allen’s arm, injuring his shoulder. Allen testified he had specifically instructed the AEP deckhand to warn him before kicking loose the pelican hook, should that become necessary, but, the Court found, the AEP deckhand failed to do so.
Allen’s orthopedic surgeon performed a right shoulder bursectomy, subacromial decompression, distal clavicle resection, and labral debridement. After an attempt to return to work, Allen was required to undergo another surgery to repair a degenerative tear of the proximal biceps with an intact superior labral complex and some fraying of the biceps tendon. The treating surgeon opined that Allen continued to suffer from residual stiffness and pain in his right shoulder and that Allen would be unable to return to heavy-duty work aboard a towboat, that he was permanently restricted to light duty work. Allen settled his claims against his employer, ARTCO, and tried to resume work for fear if he did not he would lose his job, but was physically unable to do so. He then brought suit against AEP.
Following a nonjury trial, the New Orleans-based federal judge found AEP liable in negligence under the general maritime law due to the actions of its deckhand, Allen not liable to any extent, and that Allen was entitled to pain and suffering damages of $150,000, medical damages of $45,048, and past and future lost earnings damages of $426,866. The case is reported at Allen v. AEP River Operations, LLC, 2013 U.S. Dist. LEXIS 89797 (E.D. La. June 25, 2013).