Vessel was unseaworthy, worker claims in Jones Act suit

Michelle Massey Apr. 23, 2010, 4:20am

While working aboard the Clara B vessel, a seaman claims he aggravated a previous injury rendering him permanently disabled.

James H. Leboueuf III claims he was performing his regular duties aboard the vessel on July 4, 2009, when he sustained severe and disabling injuries. He continued to work following his injury but about a month later he sustained an additional injury, or aggravated his July injury.

Claiming the vessel was unseaworthy, Leboueuf filed a Jones Act lawsuit against Kevin Gros Offshore L.L.C and Kevin Gros Consulting & Marine Services Inc. on April 22 in the New Orleans division of the Eastern District of Louisiana.

"Said injuries were caused in whole or in part by the negligence of Defendants, their agents, servants and/or employees, and/or was legally caused by the unseaworthiness of Defendants' vessel," the complaint states.

Leboueuf is seeking damages for severe bodily injuries, physical pain and mental anguish, loss of wages, loss of capacity to work and earn money, medical expenses, physical impairment, lost ability to perform household services, maintenance and cure, interest and court costs.

Asking for an award of punitive damages, Leboueuf argues that the defendant's denial of maintenance and cure was unreasonable, arbitrary, callous and persistent.

Houma attorney Joseph L. Waitz Jr. is representing Leboueuf.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No 2:10cv01165

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