Mouledoux, Bland, Legrand & Brackett is defending a lawsuit in which an experienced captain brought suit against his employer for injuries allegedly sustained while stepping out of a shower on an inland towboat. He asserted claims for negligence under the Jones Act and for unseaworthiness and maintenance and cure under the general maritime law. Although he initially alleged that the threshold on the shower was too high and unsafe, he retained an expert who found a myriad of supposed problems with the shower.
After discovery was complete, defendant successfully moved for summary judgment, seeking dismissal of the negligence and unseaworthiness claims. At the time the motion was granted, there was an outstanding settlement demand by plaintiff of $1.15 million. MBLB was also successful in having plaintiff’s liability “expert” stricken.