The opinion of the court was delivered by: ROBERT W. SWEET
The defendants, Moran Towing and Transportation Co., Inc., and the M/V "CYNTHIA MORAN" (the "Tug") (collectively, "Moran") have moved pursuant to Rule 56, Fed. R. Civ. P., for an order granting summary judgment against the plaintiff, Conroy Bodden ("Bodden").
For the reasons set forth below, the motion is denied.
Bodden is an individual who is a citizen of and resides in New Orleans, Orleans Parish, Louisiana.
Moran Towing and Transportation Co., Inc., is a corporation duly organized and existing pursuant to the laws of the State of Connecticut. It is the owner and operator of the Tug.
Bodden asserts his right to recover damages for injuries he allegedly received while employed as a deckhand on the Tug pursuant to the provisions of the Jones Act, 46 U.S.C. § 688, and the Admiralty and General Maritime Law of the United States as it relates to negligence and unseaworthiness.
Bodden was hired in Louisiana and was flown to New York harbor. On September 14, 1988, the Tug was assigned to tow garbage barges, and Bodden and his watch partner were directed by their superior, Captain Nolan Guillot, to tie four barges to the Tug for tow. During the course of the assignment, a line securing one of the barges to the Tug parted, necessitating its replacement. While carrying the new line to replace the one that had parted, Bodden alleges that he suffered an injury to his head, neck, and back.
Moran filed this motion on February 19, 1993. Oral argument was heard on March 10, 1993, and it is considered submitted as of that date.
I. Rule 56 Standards for Summary ...