Kirkland

BACKGROUND

This lawsuit involves Kirkland’s claim of negligence under the Jones Act against his employer, Manson. Kirkland, a dredgerman, worked for Manson from February 2007, until March 17, 2008. The Pleadings and Manson’s Motion to Strike Kirkland filed his original complaint against Manson on September 10, 2010, alleging negligence under the Jones Act, unseaworthiness, maintenance and cure, and vessel owner negligence. Kirkland asserted that on October 3, 2007, while sitting astride a dredge pipe when working as a member of the crew of the dredge barge H.R. Morris, he injured his neck, back, shoulder, and arms when a defective chain binder that he was tightening broke (the chain binder incident). He claimed Manson was negligent for failing to inspect, maintain, equip, and operate the vessels properly; failing to provide a safe place to work; failing to provide safe equipment; failing to provide competent and adequate crews; and failing to superintend and supervise work adequately. Kirkland’s complaint further alleged that his injuries were “aggravated and accelerated” on March 15, 2008, while working as a member of the crew of the Super Booster Barge. He reiterated…