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Date: 08-08-2023
Case Style:
Case Number: 1:20-cv-12035
Judge: Indira Talwani
Court: United States District Court for the District of Massachusetts (Suffolk County)
Plaintiff's Attorney: Mike Flynn and Kathy Reagan
Defendant's Attorney: Brad Gandrup. John Bromley, and Tom Muzyka
Description: Boston, Massachusetts personal injury lawyers represented Plaintiff who sued Defendants on Jones Act negligence theories.
On July 21, 2021, Linhares filed his First Amended Complaint (“Complaint”) [Doc. No. 27] against the Steamship Authority related to injuries Linhares allegedly sustained while employed by the Steamship Authority as a crew member on the M/V NANTUCKET (the “Vessel”). Plaintiff alleges that on January 13, 2020, he slipped on a stairwell in the Vessel and on to his knees because the stairs were not properly constructed of and/or treated with a sufficiently maintained non-skid surface. First Am. Compl. ¶¶ 9-10 [Doc. No. 27]. Plaintiff alleges that as a result of the fall, he suffered an injury to his right knee. Id. at ¶ 11. Plaintiff also brings claims against the Steamship Authority for failure of maintenance and cure with respect to his injuries related to the fall. Id. at ¶¶ 24-29.
On July 25, 2022, Steamship Authority provided its Answers to Plaintiff's Second Set of Interrogatories (“Answers to Interrogatories”) [Doc. No. 60-2]. On September 16, 2022, Linhares's counsel conducted a Rule 34 examination onboard the Vessel of the stairway, step, and tread where Linhares claims to have been injured. See Ex. C, Sept. 16, 2022 Letter [Doc. No. 60-3] (acknowledging completion of vessel inspection). That same day, Linhares requested that the Steamship Authority provide the following documents (among others) referenced in its Answers to Interrogatories: (i) the Vessel's “construction plans”; (ii) the Vessel's “design approval”; (iii) the Vessel's “initial Certificate of Inspection and each Annual Certificate of Inspection”; (iv) records of the order, purchase, acquisition, and installation of the A Step 700 Non Slip Tread (“Tread”); and (v) records pertaining to any inspections, modifications, replacements, and/or repairs of the Tread. Id.[1] On September 21, 2022, Linhares sent Steamship Authority a second letter requesting among others (vi) surveillance video from the Vessel from which Steamship Authority has produced still images as part of its disclosures; and (vii) all materials pertaining to surveillance of Linhares identified in Answer 3 of the Answers to Interrogatories. Ex. E, Sept. 21, 2022 Letter [Doc. No. 60-5]. Linhares's second letter also requested that Steamship Authority contact Linhares's counsel regarding the scheduling of fourteen depositions. Id. That same day, Linhares requested in a third letter that the Steamship Authority produce the report from Linhares's September 14, 2022 medical examination. Ex. F, Sept. 21, 2022 Rule 35(b)(1) Letter [Doc. No. 60-6].
The Steamship Authority treated Linhares's September 16 and 21, 2022 letters as further requests for documents under Federal Rule of Civil Procedure 34. Ex. D, Sept. 25, 2022 Email 12 [Doc. No. 60-4]. On September 25, 2022, the Steamship Authority responded by email to Linhares in part objecting to requests (i)-(iii), (vi)-(vii) on various grounds discussed in detail below where relevant and indicating that the Steamship Authority would respond pursuant to Rule 34 as to (iv)-(v). Id. According to the record before the court, Steamship Authority still has not provided this response. In its email, the Steamship Authority noted that the parties had already scheduled depositions for four of the fourteen deponents requested and objected to the depositions of the ten individuals not yet scheduled to be deposed for various reasons. Id.
On November 8, 2022, Linhares filed the pending Motion to Compel [Doc. No. 60] Steamship Authority to produce the document and record requests listed above, eight Steamship Authority employees for depositions, and the medical report from Linhares's September 14, 2022 medical exam sought by Steamship Authority.
Linhares v. Woods Hole (D. Mass. 2022)
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"The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides for the promotion and maintenance of the American merchant marine. Among other purposes, the law regulates maritime commerce in U.S. waters and between U.S. ports.
The Jones Act has two main provisions that are relevant to personal injury cases:
The Longshore and Harbor Workers' Compensation Act (LHWCA): The LHWCA provides for workers' compensation benefits to longshoremen and harbor workers who are injured in the course of their employment. The LHWCA also provides for a limited number of tort claims, but these claims are very difficult to prove.
The Jones Act: The Jones Act allows seamen who are injured in the course of their employment to bring a personal injury lawsuit against their employer. The Jones Act provides for both compensatory damages and punitive damages.
To be successful in a Jones Act lawsuit, the seaman must prove the following elements:
The seaman was injured in the course of their employment.
The employer was negligent.
The negligence of the employer caused the seaman's injuries.
The Jones Act also provides for a number of defenses that the employer can raise, such as:
The seaman's own negligence.
The seaman's assumption of risk.
The seaman's contributory negligence.
The Jones Act is a complex law with a long history. If you have been injured in a maritime accident, you should speak with an attorney to discuss your legal options. An attorney can help you understand the law and determine if you have a case. They can also help you gather evidence and file a lawsuit, if necessary.
Here are some additional things to know about the Jones Act:
The Jones Act applies to all vessels that are "engaged in commerce" between U.S. ports. This includes vessels that are transporting cargo, passengers, or both.
The Jones Act does not apply to vessels that are engaged in purely intrastate commerce, meaning that they are not transporting goods or passengers between different states.
The Jones Act also does not apply to vessels that are owned by the U.S. government.
The Jones Act provides for a number of remedies for seamen who are injured in the course of their employment. These remedies include:
Compensatory damages: Compensatory damages are designed to compensate the seaman for their actual losses, such as medical expenses, lost wages, and pain and suffering.
Punitive damages: Punitive damages are designed to punish the employer for their negligence and to deter other employers from engaging in similar conduct.
Maintenance and cure: Maintenance and cure is a form of ongoing medical care that is provided to seamen who are injured in the course of their employment.
The Jones Act is a powerful tool for seamen who are injured in the course of their employment. If you have been injured in a maritime accident, you should speak with an attorney to discuss your legal options.
"
Google Bard
Outcome: 08/08/2023 108 ELECTRONIC NOTICE Canceling Hearing: In light of the Joint Notice of Settlement 107 , the Initial Pretrial Conference set for August 9, 2023 is cancelled. (Kelly, Danielle) (Entered: 08/08/2023)
08/08/2023 109 Judge Indira Talwani: ORDER entered. SETTLEMENT ORDER OF DISMISSAL. Please see attached. (Kelly, Danielle) (Entered: 08/08/2023)
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