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Friday, May 3, 2024

Deckhand sues Tom's Marine & Salvage for negligence and unseaworthiness

Federal Court
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Attorneys J. Christopher Zainey, Jr., of Lambert Zainey Smith & Soso, APLC | Lambert Zainey Smith & Soso, APLC

NEW ORLEANS – A crewmember is suing Tom's Marine & Salvage following a workplace incident that caused serious injuries during the dismantling of oil rigs in the Gulf of Mexico.

AI Van Tran filed a lawsuit in federal court against Tom's Marine & Salvage.

According to court documents, Tran was employed as a deckhand by TMS and was involved in the dismantling of oil rigs in the Gulf of Mexico. Tran claims that on March 20, 2021, he was in the process of unloading materials from a vessel to shore when the vessel's captain unexpectedly raised a crane, causing a load to fall on Tran and causing him serious injury.

The complaint alleges TMS is solely responsible for the incident due to various acts of negligence and unseaworthiness, including failure to provide a safe work environment, requiring Tran to work without adequate help from other crewmembers, improper equipment maintenance, negligent crane operations, failing to properly supervise crew members and crane operators, lack of safety protocols, and other acts of negligence.

The incident allegedly resulted in serious injuries to Tran's head, back, neck, shoulder, chest, hip, and ankle. Tran is seeking damages for loss of wages, loss of earning capacity, pain and suffering, emotional distress, medical expenses, maintenance, cure, and found, loss of enjoyment of life, punitive damages, attorneys' fees, court costs, and any other relief the court deems proper.

The plaintiff is represented by attorneys J. Christopher Zainey Jr., Hugh P. Lambert, Jacki L. Smith and Brian J. Mersman of Lambert Zainey Smith & Soso in New Orleans.

U.S. District Court for the Eastern District of Louisiana case number 2:23-cv-06789

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