Injured man files Jones Act suit in federal court

By Steve Gonzalez | Jan 30, 2006

A man who allegedly sustained permanent injuries to his back while working on a barge on the Mississippi River near Hartford filed a Jones Act complaint in U.S. District Court for the Southern District of Illinois Jan. 18.

Tracy Kuhn is seeking damages in excess of $150,000 from Waxler Transportation Company claiming he sustained injuries on March 15, 2005, while a deckhand on the M/V Sherman Waxler.

Kuhn allegedly injured his back when he was breaking apart a tow.

According to the complaint, Waxler breached the statutory duties imposed by the Jones Act which required them to provide Kuhn with a reasonably safe place to work, safe tools and equipment, sufficient and competent assistance and competent supervision and training.

Kuhn also claims Wexler breached its warranty of seaworthiness because its vessel, equipment or appurtenances were unseaworthy at the time and were not reasonably fit for their intended purpose.

He claims he has lost wages, suffered a loss of earning capacity, experienced pain and suffering, became liable for medical expenses and has had a temporary total disability in the past and will have a permanent partial disability in the future.

In addition to the $150,000 in damages, Kuhn also is seeking maintenance and cure in the amount of $40 per day until he is able to return to work.

Kuhn is represented by Marc Parker of the Lakin Law Firm in Wood River. The case has been assigned to District Judge William Stiehl.


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