Carr v. Iberia Marine Service L L C

Filing 1

COMPLAINT against Iberia Marine Service L L C filed by Johnny Carr. (Attachments: # 1 Civil cover sheet, # 2 Proposed summons/writ)(aty,Bourque, Charles)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
JOHNNY CARR

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VERSUS
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IBERIA MARINE SERVICE, LLC
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DOCKET NO:
JUDGE:
MAGISTRATE:

COMPLAINT
NOW INTO COURT, through undersigned counsel comes Plaintiff, JOHNNY CARR,
a resident of the State of Michigan, who asserts the following claims against Defendant, IBERIA
MARINE SERVICE, LLC:
1.
Made defendant herein is:
IBERIA MARINE SERVICE, LLC, a Louisiana limited liability company,
domiciled in New Iberia, Louisiana and authorized to do and doing business in the
State of Louisiana.
2.
This claim is brought pursuant to the Jones Act 46 USC § 30104, and the Admiralty and
General Maritime Law and is specifically designated as such within the meaning of Rule 9(h) of
the Federal Rules of Civil Procedure.
3.
IBERIA MARINE SERVICE, LLC is justly and truly indebted to Plaintiff, for all
damages that are reasonable in the premises, together with legal interest from the date of judicial
demand until paid and all costs of these proceedings, by reason of the following:

4.
At all material times herein, Plaintiff, JOHNNY CARR, was employed by IBERIA
MARINE SERVICE, LLC and assigned as a deck hand and member of the crew of the M/V
LADY BRANDI.
5.
At all material times herein, IBERIA MARINE SERVICE, LLC was the owner, owner
pro hac vice and/or operator of the M/V LADY BRANDI.
6.
On or about January 9, 2012 at 1500 hours, the M/V LADY BRANDI was returning to
Morgan City when it ran aground in the Atchafalaya Ship Channel south of Morgan City,
Louisiana.
7.
Immediately prior to said grounding, Plaintiff, JOHNNY CARR, was sleeping in his
bunk in a stateroom on the M/V LADY BRANDI.
8.
As a result of the grounding, the M/V LADY BRANDI came to a sudden stop, slamming
Plaintiff, JOHNNY CARR, into the wall adjacent to his bunk.
9.
At the time of the grounding, the M/V LADY BRANDI was being operated by an
unlicensed mate.
10.
As a result of the impact from being slammed against the wall, Plaintiff, JOHNNY
CARR, suffered injury to his back, neck and legs.

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11.
Any and all damages, injuries, and losses sustained by Plaintiff, JOHNNY CARR, as
result of this incident were the sole result of negligence of Defendant, IBERIA MARINE
SERVICE, LLC and the unseaworthiness of the M/V LADY BRANDI.
12.
As a result of the negligence of the Great Lakes Defendants and the unseaworthiness of
the M/V LADY BRANDI, Plaintiff, JOHNNY CARR, sustained severe and debilitating injuries
to his neck, back, and legs necessitating medical treatment and resulting in loss of work; thereby
entitling him to general damages, past and future, for his physical and mental pain and suffering,
emotional distress, loss of enjoyment of life, and permanent disability; and special damages, past
and future, including medical expenses, lost wages and loss of earnings capacity.
13.
The injuries and damages sustained by Plaintiff, JOHNNY CARR, were caused by the
negligence and/or fault of Defendant, IBERIA MARINE SERVICE, which negligence includes
the following nonexclusive particulars:
1.

Failure to maintain a proper lookout;

2.

Failure to provide and/or utilize proper navigational aids for navigating the
Atchafalaya Ship Channel;

3.

Failure to provide and/or utilize proper navigational equipment such as charts,
GPS and radar;

4.

Failure to properly man the vessel;

5.

Failure to properly train the crew;

6.

Failure to assign properly qualified and licensed crew to man the helm; and

7.

Any other acts of negligence which will be shown at the trial of this matter.

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14.
The injuries and damages sustained by Plaintiff, JOHNNY CARR, were additionally
caused by the unseaworthiness of the M/V LADY BRANDI, which includes following
nonexclusive particulars:
1.

Failure to maintain a proper lookout;

2.

Failure to provide and/or utilize proper navigational aids for navigating the
Atchafalaya Ship Channel;

3.

Failure to provide and/or utilize proper navigational equipment such as charts,
GPS and radar; and;

4.

Failure to properly man the vessel;

5.

Failure to properly train the crew;

6.

Failure to assign properly qualified and licensed crew to man the helm; and

7.

Other acts of unseaworthiness which will be shown at the trial of this matter.
15.

As a result of the injuries received while a member of the crew of the M/V LADY
BRANDI, Plaintiff, JOHNNY CARR, is entitled to receive maintenance and cure until he
reaches maximum medical cure.
16.
Although Plaintiff has received some maintenance and cure benefits, Plaintiff contends
that said maintenance payments are insufficient and not reflective of his reasonable shoreside
expenses for food, lodging and clothing as required by law; and, despite Plaintiff not reaching
maximum medical cure and needing further medical care, that Defendants have arbitrarily and
capriciously denied and/or delayed cure thereby hindering the medical treatment recommended
by his doctors.

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17.
As a result of IBERIA MARINE SERVICE’s arbitrary and capricious refusal to properly
honor their maintenance and cure obligation, Plaintiff is entitled to reasonable attorney’s fees in
an amount to be set by this court and punitive damages in an amount to be determined by this
Honorable Court.
WHEREFORE, Plaintiff, JOHNNY CARR, prays that Defendant, IBERIA MARINE
SERVICE, LLC, be served with a certified copy of this Complaint for Damages, and be duly
cited to appear and answer same; that after all due proceedings are had, that there be judgment
rendered in favor of Plaintiff, JOHNNY CARR, and against Defendant, IBERIA MARINE
SERVICE, LLC, for all damages that are reasonable in the premises, together with attorney’s
fees, punitive damages, legal interest and for all costs of these proceedings; and further, for all
general and equitable relief which the court deems necessary and proper under the
circumstances.
Respectfully submitted,
/s/ Charles C. Bourque, Jr.
.
CHARLES C. BOURQUE, JR. (#20118)
JOSEPH G JEVIC III (#23145)
ST. MARTIN & BOURQUE
P.O. Box 2017
Houma, Louisiana 70361
Telephone: [phone]
Facsimile: [phone]

PLEASE SERVE:
IBERIA MARINE SERVICE, LLC
Through its agent for service of process
Blake Miguez
3015 Gene Flash Rd.
New Iberia, LA 70560
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