First mate stumbles on M/V Kate Maurine, suit claims

Kelly Holleran Jan. 28, 2010, 3:44am

A barge crew worker has filed suit against his employer, alleging it failed to provide him with a safe workplace and caused him to trip over a wire and to fall.

Dean E. Gibson claims on Feb. 5, 2007, he was working as a first mate and member of the crew of the M/V Kate Maurine, which was owned by defendant Lewis and Clark Marine.

"That at the aforementioned time and place, the plaintiff, while in the performance of his duties was injured when plaintiff, was trying to clear up fitting on a barge and got caught up in some wire causing him to stumble and fall," the suit states.

Because of the incident, Gibson suffered injury to his right shoulder, lost money, suffered a loss of earning capacity and experienced pain and suffering, according to the complaint. In addition, he incurred medical costs and sustained disability, the complaint says.

Gibson blames Lewis and Clark for the incident, saying they failed to provide him with a safe place to work, failed to provide him with adequate assistance, failed to warn him of dangers in the area, failed to supervise the work he was performing and failed to inspect the vessel to make sure it was safe. In addition, Lewis and Clark negligently failed to provide Gibson with proper equipment, according to the complaint.

In his two-count suit, Gibson seeks a judgment of more than $100,000, plus costs, pre-judgment interest and other relief the court deems just.

Lance R. Mallon of Mallon and Hale in Wood River will be representing him.

Madison County Circuit Court case number: 10-L-69.

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