Fisherman sues towing company for more than $1 million for causing excessive wake

A fisherman is suing a commercial towing company for more than $1 million after he suffered severe and disabling injuries when a vessel caused an excessive wake close to his smaller flat boat.

Terrebonne Parish resident Donald Smith filed suit against Crosby & Son Towing on Sept. 2 in federal court in New Orleans.

The alleged incident occurred on Feb. 10, 2010 as the defendant was operating a vessel known as the M/V Webb Crosby. Smith was fishing from a 14-foot flat boat anchored in the Gulf Intracoastal Waterway when the vessel created an excessive wake and caused Smith to "be severely injured."

The defendant is accused of negligence for failing to obey imposed speed limits imposed on vessels, in manning the M/V Webb Crosby with an inadequate crew, in manning the M/V Webb Crosby with an improperly trained crew and in causing an excessive wake, under the circumstances.

The plaintiff is asking for more than $1 million in damages for total and permanent disability, physical and mental pain and anguish, loss of bodily function, embarrassment, interest and court costs.

Smith is represented by C. Arlen Braud, II, Michelle O. Gallagher and Megan E. Algero of Braud & Gallagher in Mandeville.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:11-cv-02201