Free Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00454-Gl\/IS Document 1 Filed 06/30/2005 Page 1 of 3
IN THIS UNITED STA'I`IES DISTRICT COURT
I·`()R THE DISTRICT ()F DICLAWARE
IN ADNIIRALTY
MICHAEL ROBERTS,
Plaintiff
·\’S·· CA. No. O 5 A 5 4
X-UV SH1.\'A.\’() KEI;`1·`l;`R JURY TRIAL
in perso.·muz DEMANDED
Defendant.
VERIFIED COMPLAINT
Comes now, the Plaintifl`, NIICHAEI. Rl)I5ERTS, by and through his
attorney, PETER Ii. HESS, [Esq. and alleges and avers as follows:
I) This is a case ol' admiralty and maritime jurisdiction, as hereinafter more
l'ully appeas, and is an admiralty or maritime claim within the meaning of Rule 9(I1)
of the Federal Rules of Civil Procedure.
2) This is a third party admiralty action arising out ofthe Longshorernan
and Harborworlsers Act, providing a cause of action for a longshoreman injured
onboard a vessel. Pursuant to 28 lj.S.C. §l9l6, such longshoreman are entitled to
the rights and remedies ol' a seamanand are threfor permitted to bring this action
without prepayment of costs, fees or the furnishing ol` security by the plaintiff.
I. The Parties
3) Michael Roberts ("Roberts") is a domicile ol` the State ol` Delaware whose
residence is in Wilmington, Delaware.
4) The fu personu.·n Det'endant is a marine vessel engaged in maritime
commerce regularly conducted at the Diamond State (Wilmington) Marine
'I`erminal. Its Delaware shipping agent is Norton Lilly International, located at II
Gist Rd., Wilmington, Delaware I980‘I.
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Case 1:05-cv-00454-Gl\/IS Document 1 Filed 06/30/2005 Page 2 of 3
II. The Facts `
5) On June 30, 2003, Roberts was employed as a longshoreman for Murphy
Marine, [nc. at the Diamond State Marine Terminal in Wilmington, l)elaware, p
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-Murphy employee, negligently
caused a pallet of frozen meat to swing while being lifted from the cargo hold. The
pallet struck Roberts, crushing him against a metal bulkhead on the vessel.
7) Roberts sustained, ¢'n!e:·nIi'a, the following injuries: three broken ribs, a
separation of his left shoulder, lumbar strain and sprain, a broken tooth lllld groin
injuries. He was evacuated from the vessel by ambulance.
8) Roberts has since undergone extensive medical treatment, including
surgery, for th injuries he sustained onboard the SHINANO REEFER. Roberts
continues to require periodic medical treatment to deal with these injuries.
III. 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) The standard l`or a finding of negligence by the vessel under the Jones
Act is 'Teatherweight": any liability, however slight, gives rise to a t`inding of such
Jones Act negligence.
12) The vessel was negligent, inter alia, in the l`ollowing manner:
a) by improperly lil`ting the pallet of l`rozen meat, causing it to swing and
strike Roberts; and
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Case 1:05-cv-00454-Gl\/IS Document 1 Filed 06/30/2005 Page 3 of 3
b) by failing to provide adequate safety instruction to longshoremen working
onboard the SHINAN0 REEFER.
WHIQRICFOR, Plaintiff Roberts prays for a finding of negligence by the
Defendant vessel and t'or the imposition of a judgment l'or 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. Unseaworthiness
13) The Plaintiffs incorporate and re-allege allegationsl) - 12).
14) '1`his is an action for the unseaworthiness of the vessel under the general
maritime law.
15) The vessel is liable to Roberts for its unseaworthiness ill inter alia, the
following respects:
a) by failing to adequately train its crane operators; and
bl by not adequately supervising crane operations so as to ensure that pallets
could be offloaded without swinging dangerously.
WHICRICIVUR, l’laintil`f Roberts prays for a finding of the unseaworthiness of
the vessel and the imposition of a judgment 011 his behalf for compensatory and
special damages, lost wages and lost earning capacity, temporary and permanent
disability. disfigurement, pain and suffering, the intentional inl'1iction of emotional
distress, humiliation, aggravation, and such other damages as are just and
reasonable.
Respec `u y submitted
Dated P ·`. HESS, ~sq.
P.(). Box 7753
A'l"l`0RNl·ZY FOR PLAINTIFF Wilmington, DE 19803
MICHAICI, ROBICRTS ph: (302) 777-1715
D15 Bar No. 2298
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