Jones v. United States

326 F. Supp. 3d 262
CourtDistrict Court, E.D. Louisiana
DecidedJune 1, 2018
DocketCIVIL ACTION NO. 17-2376
StatusPublished
Cited by2 cases

This text of 326 F. Supp. 3d 262 (Jones v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. United States, 326 F. Supp. 3d 262 (E.D. La. 2018).

Opinion

SARAH S. VANCE, UNITED STATES DISTRICT JUDGE

Before the Court is defendant United States of America's motion for summary judgment. For the following reasons, the motion is granted.

I. BACKGROUND

This Jones Act case arises out of an alleged slip-and-fall aboard the M/V CAPE KNOX, a vessel owned by the United *266States.1 Plaintiff Wilfred Jones signed on as an engineer with the M/V CAPE KNOX on January 7, 2013.2 During the evening of May 4, 2015, plaintiff was conducting rounds as duty officer.3 After traversing an exterior deck, which had a nonskid surface, plaintiff entered the emergency diesel generator room.4 The room is separated from the deck by a hatch atop a nine-inch threshold.5 The deck area immediately outside the emergency diesel generator room is illuminated by fluorescent lights.6 Plaintiff asserts that, as he stepped into the emergency diesel generator room with his left foot, his right foot slipped, causing him to fall into some carbon dioxide containers.7 Plaintiff testified during his deposition that he did not look down at the deck to see what caused him to slip, despite always carrying a flashlight when conducting rounds.8 Nor did he notice anything out of the ordinary that evening.9

When plaintiff reported his injury the next day, he stated that he "lost balance and fell," but did not attribute his loss of balance to any particular cause.10 Plaintiff later concluded that he slipped on grease that his shoe had picked up from the exterior deck.11 According to plaintiff, grease fell from large winch cables that hung over the exterior decks, and as a result, "there was always grease on those decks."12 Two other witnesses, marine surveyor John Pope and Christopher Keefe, an engineer aboard the M/V CAPE KNOX, confirmed that grease falls off the cables, although they stated the grease is rubbery, not slick.13 Pope also stated that the deck area immediately outside the emergency diesel generator room is covered by an overhang, making it impossible for grease from the winch cables to fall directly onto the floor right outside the room.14

Plaintiff allegedly sustained injuries to his right arm and his back because of his accident.15 He received treatment for pain and limited motion in his right arm,16 and Keystone paid maintenance and cure related to these conditions until April 2016.17 Plaintiff has also received treatment for lower back pain since the accident, including physical therapy and pain medication.18 More recently, plaintiff's neurosurgeon, Dr. Rand Voorhies, has recommended a lumbar fusion procedure.19 Although plaintiff experienced lower back pain for about ten years before the accident, he asserts that the accident exacerbated the pain.20 Neither Keystone nor the United States has paid maintenance and cure related to *267plaintiff's back pain, and the United States does not intend to pay for plaintiff's lumbar fusion procedure.21

Plaintiff filed suit on March 22, 2017, against the United States and Keystone Shipping Services, Inc. Keystone, as agent of the United States, operated the M/V CAPE KNOX and employed plaintiff.22 Plaintiff's complaint seeks damages for maritime negligence and unseaworthiness, as well as maintenance and cure.23 The Court dismissed Keystone Shipping Services because of the exclusivity provision of the Suits in Admiralty Act, 46 U.S.C. § 30904.24 A nonjury trial is scheduled to begin on June 11, 2018. The United States now moves for summary judgment.25

II. LEGAL STANDARD

Summary judgment is warranted when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; see also Celotex Corp. v. Catrett , 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Little v. Liquid Air Corp. , 37 F.3d 1069, 1075 (5th Cir. 1994). When assessing whether a dispute as to any material fact exists, the Court considers "all of the evidence in the record but refrain[s] from making credibility determinations or weighing the evidence." Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co. , 530 F.3d 395, 398-99 (5th Cir. 2008). All reasonable inferences are drawn in favor of the nonmoving party, but "unsupported allegations or affidavits setting forth 'ultimate or conclusory facts and conclusions of law' are insufficient to either support or defeat a motion for summary judgment." Galindo v. Precision Am. Corp. , 754 F.2d 1212, 1216 (5th Cir. 1985) ; see also Little , 37 F.3d at 1075. A dispute about a material fact is genuine "if the evidence is such that a reasonable [factfinder] could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

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Bluebook (online)
326 F. Supp. 3d 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-united-states-laed-2018.