Seaman hit by sledge hammer plans to settle Jones Act suit

A week before his trial was to start, a Mississippi seaman said he intends to settle his personal injury lawsuit against Rowan Companies. As the Southeast Texas Record reported in August 2008, Nicky Hutson filed suit against his employer after being bonked on the head with a sledge hammer by a fellow shipmate. He claimed the company negligently failed to supervise its employees. The trial was slated to begin Feb. 8. However, on Monday, Feb. 1 the parties called the office of presiding Jefferson County Judge Milton Shuffield, 136th Judicial District, and reported that the parties had reached a tentative settlement.

Juries and the Jones Act

This is from the Supreme of Washington Blog: Endicott v. Icicle Seafoods, Inc., No. 82635-8. The Jones Act is a federal law that allows an injured seaman to sue his employer for negligence. Here, Justin Endicott's arm was crushed by a fish cart aboard Icicle Seafood's ship "Bering Star." He sued in King County Superior Court under the Jones Act and the doctrine of unseaworthiness. The Superior Court allowed Endicott to opt for a bench trial (no jury) and ruled for him on both claims. Icicle appeals on four grounds; the Court today addresses two: the bench trial and an award of prejudgment interest. The decision is unanimous, and the opinion, written by Justice Stephens, includes a summary of the history of the Jones Act. On the jury trial question, the Ninth Circuit and California have held that the Jones Act grants plaintiffs "a substantive federal right to elect the mode of trial," while the Fifth and Seventh Circuits, Louisiana, and California, have found that while the plaintiff can choose "the jurisdictional basis of trial (in admiralty vs. at law) ... jury trial rights flow from this election as procedural incidents." While the trial court adopted the Ninth Circuit position, the State Supreme Court today sides with the Fifth and Seventh Circuits. The Court holds that while the Jones Act grants Endicott the right to bring his case in state court, once he has made that decision, Washington's constitutional right to a jury trial applies. The prejudgment interest award is upheld, but only because it is permitted in a bench trial. The case is remanded for a new trial. (briefs and argument)

Pirates Attack Oil Tanker Off Benin - Seaman Killed on Ship

(RTTNews) - Pirates have attacked a Monrovia-flagged oil tanker off the coast of the West African country of Benin, killing one seaman, officials said Tuesday.According to Benin's naval forces, the attack on the 230-meter long Cancale Star took place some 18 nautical miles off the country's coast. The vessel's chief engineer, a Ukrainian, was killed in the attack, which also left four other crew members injured.