James Lett was an engineer and Jones Act seaman for Omega Protein, Inc. He alleged he was injured over the course of a few days in September of 2008 when he used a needle gun in the engine room to remove paint and rust. Thanks to the too-small tool, the cramped quarters, and Omega’s failure to train, he alleged, he was injured.
Mr. Lett alleged he aggravated his 2008 injury in the 2009 fishing season when, throughout the season, he had to lift too-heavy hatch covers. The foam and fiberglass hatch covers were in place to keep the fish hold cool, then the engineers would slide them over when the fish were being brought aboard.
Omega moved for summary judgment, dismissing Mr. Lett’s claims for negligence and unseaworthiness. Mr. Lett had testified there was nothing wrong with the needle gun, nor was he ordered to chip and paint. Omega’s safety manager testified the needle gun was a safe, functioning tool. Regarding Mr. Lett’s 2009 hatch cover accident, Mr. Lett’s expert found the hatch covers weighed eighty pounds or more total, but Mr. Lett only had to lift one side and slide the covers over, so he was always lifting less than fifty pounds.
Regarding maintenance and cure for the 2008 injuries, Omega moved for summary judgment under Dowdle v. Offshore Express, Inc., 809 F.2d 259, 265 (5th Cir. 1987), which held that a Jones Act seaman has an obligation to seek medical attention if he injures himself; if he fails to do so, he is responsible for the consequences.
For the 2009 injuries, Omega moved for summary judgment under McCorpen v. Cent. Gulf S.S. Corp., 396 F.2d 547, 548 (5th Cir. 1968). Mr. Lett denied an injury when he returned to Omega in 2009 and because he denied an injury in his 2009 pre-season physical. If Mr. Lett had disclosed his injury, Omega’s HR manager confirmed in an affidavit, Omega would not have hired him. Lastly, Mr. Lett testified his 2009 work aggravated his 2008 injuries, so there was a causal link between the two.
The Court in the Eastern District found for Omega in all regards: Judge Lemmon’s Order and Reasons. Mr. Lett has appealed it to the Fifth Circuit.
Disclosure: Duncan & Sevin represented Omega Protein in this matter, which is on appeal to the Fifth Circuit. Harry Morse prepared this summary. He also prepared Omega’s motion for summary judgment and Omega’s Fifth Circuit brief.