A seamen is accusing his employer of having an unfit crew he says is to blame for injuries to his back.
Phuc Tran filed the Jones Act lawsuit against Kenny Boy of Mandeville, M/V Kenny Boy, in rem, G & M Marine, St. Paul Fire & Marine, National Casualty Co. and American Alternative Insurance Co. June 9 in federal court in New Orleans.
Tran says the defendants are to blame for injuries he allegedly suffered May 13, 2009 while working aboard a boat that collided with a larger vessel.
Tran was working as a deckhand on-board the M/V Kenny Boy vessel. He says the force of the collision caused him to be thrown into a door jam and then fall onto the deck floor. Tran says he injured his side, back and wrist during the fall.
The owner of the larger vessel has filed a complaint for exoneration from liability in the incident.
Tran argues his employer, Kenny Boy of Mandeville, is negligent for failing to properly train and supervise the crew, failing to maintain the vessel in a manner to prevent damage, failing to avoid colliding with the other vessel, failing to exercise due care and caution and failing to avoid this accident.
Tran accuses the M/V Kenny Boy of being in an unseaworthy condition by having an unfit crew and of negligence for failing to provide a competent and adequate crew.
The defendants are also accused of violating multiple statutes and regulations including statutes and regulations issued by the Minerals Management Service and the United States Coast Guard.
The plaintiff seeks damages for physical pain and suffering, mental pain and suffering and anguish, medical expenses, lost wages, lost found, future earning capacity, future found, fringe benefits, disfigurement and disability, loss of enjoyment of life, punitive damages, plus interest, court costs and attorney's fees.
Tran is represented by New Orleans attorneys Scott Bickford and Neil Nazareth of Martzell & Bickford, Stephen Skelly Kreller of The Kreller Law Firm and Alexandre Bonin of Bonin Law.
U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:10cv01705