Waterfront Operations Verdicts: Ebanks v. Great lakes Dredge & Dock

Robert W. Ebanks v. Great lakes Dredge & Dock

Date: October 1996

RESULT: $ 1,350,000 for Plaintiff in May 1996 (settlement)

STATE: Florida

CAUSE OF INJURY: On December 9, 1992, Plaintiff was injured while working as a seaman aboard a derrick barge owned and operated by Defendant. At the time of the incident, the derrick barge was engaged in the completion of a beach renourishment project off of Delray Beach, when a large, heavy wooden chafing board came loose and fell approximately fifty feet from the raised derrick boom, striking Plaintiff on the head, shoulders, and back. Plaintiff alleged that the derrick barge was unseaworthy under the general maritime law in that the chafing board failed during its normal use. Plaintiff also alleged that Defendant was negligent under the Jones Act, 46 U.S.C.688, in failing to properly inspect and maintain the boom and chafing board aboard the derrick barge.

Defendant first filed a declaratory action in the U.S. District Court for the Southern District of Georgia, Brunswick Division, In Admiralty, Case No: CV294-109. Upon Plaintiff's motion, the declaratory action was dismissed by the District Court Judge. See Great Lakes Dredge & Dock Company v. Ebanks, 879 F. Supp. 1112 (S.D. Ga. 1994). Defendant then filed a limitation of liability action in the U.S. District Court for the Southern District of Florida, In Admiralty, Case No.: 94-CV-8605, attempting to limit its liability to $ 290,000, the alleged value of the barge upon which Plaintiff was injured. After a year of litigation, Plaintiff defeated Defendant's limitation action. The case settled shortly thereafter. However, Defendant's principal defense throughout this action was that Plaintiff had orally settled the case with Defendant prior to commencement of litigation.

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