Previous Story
Seaman sues employer over injury to his back after fall at merchant vessel
A seaman has filed a lawsuit in federal court against his employer over the injury he suffered when he fell to the deck of a United States merchant vessel while at port in Diego Garcia.
Chrisnoen Marquez, through counsel Bruce Berline, is suing Maersk Line, Limited for Jones Act negligence, unseaworthiness, and failure to provide maintenance and cure.
Marquez asked the U.S. District Court for the NMI to hold Maersk Line Ltd. liable to pay him damages, court costs, interest, and attorney’s fees.
Berline stated in the complaint filed in court on Thursday, that on Dec. 14, 2011, M/V LTC John U.D. Page, a United States flagged merchant vessel, was anchored at Diego Garcia.
A superior ordered Marquez to conduct monthly maintenance work on the vessel, which included exercising a manual release lever on a spreader.
When Marquez pushed against the length of pipe that was placed on the manual release lever, the release lever suddenly and unexpectedly broke free.
When the release lever broke free, Marquez felt a sharp pain in his lower back. The pain caused him to fall to the deck of the boat.
Immobilized by the severe pain, Berline said Marquez had to call to the chief mate of the boat for assistance.
Maersk Line sent Marquez to a doctor in Singapore, who diagnosed him with injury as a slipped or herniated disc in his lower back.
Thereafter, the seaman was evaluated by a doctor on Saipan who confirmed the Singapore doctor’s diagnose.
The Saipan doctor recommended only physical therapy to treat Marquez’s injury.
Berline said Maersk has failed to fully and completely discharge its obligations to provide maintenance and cure by failing to pay continually the maintenance and/or cure to Marquez until he is found to achieve maximum medical cure.
Berline said Marquez’s injuries and damages were also caused by the vessel’s unseaworthy condition as the boat or its part, its gear, equipment, crew, including the spreader bar and its manual release lever, were not reasonably fit for their intended purposes.
