Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:O5—cv—OO454-GI\/IS Document 13-2 Filed O3/14/2006 Page 1 014
EXHIBIT A

Case 1:O5—cv—OO454-Gl\/IS Document 13-2 Filed O3/14/2006 Page 2 0f 4
IN THE LNITEI) S'l`A'i`lCS DIS'1"RIC'1` COURT
I·`() R THE l)IS’I'R1CT OF DELAWARE I
IN AD.\=·IIRAL'l`Y
MICHAEL R()BI£R'l`S,
P|aintit`|`
·\’S·· C.A. No. O 5 A 5 A
Nl/V SH1NA;\·’() li*El;'l·`IjR JURY TRIAL
in personum DEMANDED
I)et`endant.
VERIFIED COMPLAINT
Comes now, the Plaintift`, NIICHAEI, R()BER'I`S, by and through his
attorney, PETER I5. HESS, Esq, and alleges and overs as follows:
1) This is a case ol` admiralty and maritime jurisdiction, as lnereimtfter more .
t`ully appeas, and is an admiralty or maritime claim within the meaning ot` Rule 9(h)
ofthe Federal Rules ol` Civil Procedure. l
2) This is a third party admiralty action arising out of the Lungshoreman
and Harborworkers Act, providing a cause of action for a longshoreman injured
onboard a vessel. Pursuant to 2.8 LY.S.C. §I9l(1, such longsboreman are entitled to
the rights and remedies ol` a seamanand are tltrefor permitted to bring this action
without prepayment of Costs, fees or the Yurnislting ol' security by the plaintiff'.
L_f1`he Parties
3) Michael Roberts ("Roberts") is a domicile of the State ol` Delaware whose
residence is in Wilmington, l)elaware.
4) The in persoumn Defendant is a marine vessel engaged in maritime
commerce regularly conducted at the Diamond State (Wilmington) Marine
Terminal. Its Delaware shipping agent is Norton Lilly International, located at 11
Gist Rd., Wilmington, Delaware l9S0`l.
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Case 1:O5—cv—OO454-Gl\/IS Document 13-2 Filed O3/14/2006 Page 3 of 4
5) On June 30, 2003, Roberts was employed as a longshoreman for Murphy
Marine, inc. at the Diamond State Marine Terminal in Wilmington, Delaware,
assigned to unload a palletized cargo of frozen meat from the Defendant vessel.
6) Standing in a spot designated by his supervisor, Roberts was assisting in _
the offloading of pallets by crane in order to make room for a forklift in the cargo
hold. The vessel's crane, being operated by a non-bilurphy employee, negligently
caused a pallet of frozen meat to swing while being lifted from the cargo hold. ’l`he
pallet struck Roberts, crushing him against a metal bulkhead on the vessel.
7) Roberts sustained, intemlia, the following injuries: three broken ribs, a
separation of l1is lel't shoulder, lumbar strain and sprain, a broken tooth and groin
injuries. He was evacuated from the vessel by ambulance.
8) Roberts has since undergone extensive medical treatment, including
surgery, l'or th injuries he sustained onboard the SHINANO REEFER. Roberts
continues to require periodic medical treatment to deal with these injuries.
lll. Ne<,¤li¤,_ence
9) The Plaintiffs incorporate and re-allege allegationsl) - 8).
10) This is an action for the vessel's negligence to a business licensee lawfully
onboard the vessel and assisting it in the conduct of maritime commerce.
ll) 'l`he standard for a finding of negligence by the vessel under the Jones
Act is "featherweight": any liability, however slight, gives rise to a finding of such
Jones Act negligence.
12) The vessel was negligent, inter alia, in the following manner:
a) by improperly lifting the pallet of frozen meat, causing it to swing and
strike Roberts; and
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Case 1:O5—cv—OO454-Gl\/IS Document 13-2 Filed O3/14/2006 Page 4 of 4
b) by failing to provide adequate safety instruction to longshoremen working
onboard the $HINAN() RE E FE R.
WHIQREFOR, Plaintiff Roberts prays for a finding of negligence by the
Defendant vessel and l`or the imposition of a judgment for compensatory and special
damages, lost wages and lost earning capacity, temporary and permanent disability,
disfigurement, pain and suffering, the intentional infliction of emotional distress,
humiliation, aggravation, and such other damages as are just and reasonable.
V. Cnseaworthiness
13) The Plaintiffs incorporate and re-allege allegationsl) - I2).
14) This is an action for the unseaworthiness of the vessel under the general
maritime law.
15) The vessel is liable to Roberts for its unseaworthiness in inter alia, the
following respects:
a) by failing to adequately train its crane operators; and
b) by not adequately supervising crane operations so as to ensure that pallets
could be offloaded without swinging dangerously.
WHl·ZRlell·`UR, l’laintiff Roberts prays for a finding of the unseaworthiness of
the vessel and the imposition of a judgment on his behalf for compensatory and
special damages, lost wages and lost earning capacity. temporary and permanent
disability, disl'igurement, pain and sui`l`ering, the intentional infliction of emotional
distress, humiliation, aggravation, and such other damages as are just and
reasonable.
Respec 'u y submitted
_ to; EO _r` .' U '
Dated P J l`1:]R E. HESS, ·sq.
P.(). Box 7753 _
A'l"l`()RNl·ZY FOR PLAINTIFF Wilmington, DE 19803
MICHAICI. R()BfCR'I`S ph: (302) 777-1715
DE Bar No. 2298
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