In Joseph Coleman v. Omega Protein Inc., Joseph Coleman, a Jones Act seaman, filed suit against Omega Protein Inc. for unseaworthiness, negligence, and maintenance and cure following an accident onboard the F/V MISSISSIPPI SOUND.  Duncan & Sevin represented Omega Protein Inc.

Mr. Coleman alleged he injured in an accident between 2:00 am and 3:00 am on the first day of the 2010 fishing season. He went to the bathroom and upon returning to his bunk he passed out, allegedly injuring his head, neck and back.  A post accident drug screen revealed Mr. Coleman tested positive for cocaine.

Mr. Coleman’s unseaworthiness and negligence claims were dismissed after Omega filed a Motion for Partial Summary Judgment because Mr. Coleman was unable to point to any evidence that the vessel was unseaworthy or that Omega was negligent in causing his accident.  Mr. Coleman’s maintenance and cure claim was tried in a bench trial by Judge Eldon Fallon of the Louisiana Eastern District.  Judge Fallon found Mr. Coleman’s passing out was caused by his cocaine use and that Mr. Coleman’s cocaine use constituted willful misconduct.  Judge Fallon dismissed Mr. Coleman’s claims to maintenance and cure with prejudice.

Duncan & Sevin represented Omega Protein, Inc. in the litigation.

Coleman – Order and reasons granting partial summary judgment

Coleman – Order and reasons dismissing case for willful misconduct