NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently granted part of a request by the daughter of a tugboat captain who died after falling down a set of stairs on the family-owned boat.
In a Dec. 10 filing, U.S. Magistrate Judge Daniel E. Knowles granted Anne Dufrene's request seeking phone records and other information in her suit claiming American Tugs Inc. is liable for the death of Carey C. Dufrene. Anne Dufrene is seeking "compensatory damages for decedent's pre-terminal pain and suffering and mental anguish, loss of nurture and guidance, funeral and burial expenses."
American Tugs owned, operated, and controlled the vessel Amazing Grace, upon which Carey Dufrene served as the captain. Carey Dufrene's father, Autry Dufrene Sr., is the president and owner of American Tugs, court filings said. His brother, Autry Dufrene Jr., is an employee of the company.
According to the complaint, Anne Dufrene asked the courts to require that phone records of Autry Dufrene Sr. and Autry Dufrene Jr. be released. Attorneys for Anne Dufrene allege that "this evidence will support her claims that defendant failed to provide a safe place to work, failed to provide competent crew members to perform vessel functions, failed to exercise managerial control of the vessel operations, failed to exercise due care and caution under the then existing circumstances, failed to call 911 or to evacuate decedent when he was initially discovered with a head injury, and other acts of negligence and unseaworthy conditions."
Knowles granted Anne Dufrene's request to have recordings of phone calls released.
Attorneys for Autry Dufrene and his son had argued that the requirement is in violation of their right to privacy, adding "there is no indication that plaintiff has attempted to discover the information through less intrusive means."
Knowles also granted in part a request to have accident, incident, and injury reports, statements, investigative reports, and any other communications, writings and/or reports, related to decedent’s casualty released.
According to the filing, Carey Dufrene allegedly fell down stairs on the tug in August 2017, sustaining "a significant head injury." He was allegedly found unconscious by Autry Dufrene Jr., one of the tug’s deckhands, or Stephen Gros, the tug’s other captain. The suit contends Carey Dufrene was revived and placed in bed but later that same day "found unconscious and unresponsive in his bed." Efforts to revive Carey Dufrene were unsuccessful and he later died. According to court documents, an autopsy and toxicology screen revealed the presence of drugs in Carey Dufrene's system.
Attorneys for Anne Dufrene allege the vessel had a culture of drug use and asked the courts to release phone information that would prove that "there was a coverup of drug activity by the crew members on the tug and by American Tugs." She also alleges that crew members used drugs the day of Carey Dufrene's death and "there were discussions about whether to obtain drug tests on the crew members but which drug tests were delayed as a way to coverup known or suspected drug activity by crew members".