A towing engineer can continue with his negligence from the owner of the boat for back injuries he suffered while trying to secure a barge.
Williams v Dann Marine Towing LC The Delaware Superior Court on Thursday denied the boat owner's proposal for a summary judgment in the worker's claims that the boat captain's actions contributed to his injury and made the boat "unsafe."
Bruce Williams worked as an engineer on the tugboat M / V Palm Coast, owned by Dann Marine Towing LC, towing a barge from Baltimore to Port Mahon, Delaware. On May 20, 2015, while trying to bridge the jet fuel issue, he suffered a back injury while throwing mooring lines.
Mr. Williams filed a complaint against Dann Marine, claiming that the tug and barge were not seaworthy, and that the company was negligent and violated the seaworthiness guarantee. He claimed that the relief captain often incorrectly connected the barge too far from the piers, which required Williams to throw the heavy line unreasonably far.
Dann Marine claimed that Mr. Williams' claims rested on a single negligent act, arguing that his own insecure actions were the only cause of his injury.
The Court held that there was a genuine question of substantive fact concerning the seaworthiness of the marks, given that it claimed that it had an unreasonably heavy mooring line and the fact that seaworthiness also includes the documents of a ship's crew.
Mr. Williams claimed that the relief captain relied on too few men to cast the morning lines and incompetently connected the barge with incorrect procedures each time. While a single incorrect docking would not have created a matter of uncertainty, the court held that Williams would provide sufficient evidence that the auxiliary captain incorrectly docked the barge regularly and that his actions on the day of Williams' injury were "not an isolated act."
The court found also that his actions ̵