A chief engineer suffered devastating shoulder injuries after falling during an unsafe vessel-to- vessel transfer operation while working aboard dredging vessels near Charleston. Following a week-long jury trial in Norfolk, Virginia, and continued litigation in federal court involving a vessel limitation action, Flattmann Law ultimately helped to recover $380,000 on his behalf.
Larry worked as a chief engineer aboard a commercial dredge vessel operating near Charleston,
South Carolina. During dredging operations, Larry was instructed to travel between vessels in
order to assist with refueling another dredge working further downriver.
Instead of transporting Larry safely by dock or properly securing the vessels together for
transfer, crew members attempted a mid-stream vessel-to-vessel personnel transfer between
moving vessels.
As Larry attempted to board the tender boat from a derrick barge, he slipped and fell between the
vessels. During the fall, his shoulder violently struck the vessel structure, causing a severe
shoulder dislocation and catastrophic damage to the surrounding tendons and soft tissue.
Larry was immediately transported ashore for emergency medical treatment. Diagnostic imaging
later revealed extensive injuries, including massive rotator cuff tears, tendon damage, shoulder
impingement, biceps injuries, labral tears, and significant joint damage.
Over the next several years, Larry underwent multiple shoulder surgeries, extensive physical
therapy, injections, rehabilitation, and ongoing orthopedic treatment. Because he was forced to
rely heavily on his opposite shoulder during recovery, he eventually developed significant
injuries to that shoulder as well, ultimately requiring additional surgery.
Despite years of treatment and rehabilitation, Larry continued suffering from chronic pain,
weakness, limited range of motion, sleep disruption, and permanent physical restrictions
affecting both shoulders. Activities he once enjoyed, including household repairs, yardwork,
working on vehicles, and helping care for his wife, became extremely difficult or impossible.
Flattmann Law and team pursued claims under the Jones Act and general maritime law, alleging
negligence and unseaworthiness arising from unsafe vessel transfer procedures, inadequate
training, unsafe boarding practices, and failures to properly supervise the operation.
Through litigation and discovery, including over 20 depositions, evidence showed that safer
alternatives for the transfer were available but were not used. The evidence also demonstrated a
lack of proper vessel boarding procedures and insufficient crew assistance during the transfer
operation.
The case proceeded to a week-long jury trial in Norfolk, Virginia, where Flattmann Law
participated after being admitted pro hac vice as out-of-state counsel. Following trial, the litigation continued through a federal maritime limitation action involving additional complex
legal issues surrounding vessel owner liability.
Even after trial, significant additional work remained, including continued federal court litigation
(a “limitation claim”), lien resolution, and handling reimbursement interests connected to the
case.
Ultimately, after extensive litigation and continued negotiations, the case resolved for $380,000.
Disclaimer:
Results vary by case and situation, and that while the stories are all 100% true, the names have been changed out of respect for our clients.
When you ask for Grady, you get Grady. At Flattmann Law, we make sure that your consultations and cases are not assigned to a junior associate. Grady will personally be on the phone with you or meet you in person to discuss your individual situation. We will represent you not only as your attorney, but also as your neighbor.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
