A maritime company denies liability and claims an employee’s own negligence is to blame in his lawsuit alleging he was injured while installing a motor on a barge.
Lewis Condiff filed his complaint on July 1 against Genesis Marine LLC and Mike’s Inc.
According to the complaint, Condiff claims he was working as a tankerman for Genesis Maritime on a barge on June 10, 2012. He claims he was trying to put a screw in a 5,000-pound motor being lowered into the barge when the crane operator allegedly failed to follow instructions and lowered the motor more than needed. As a result, Condiff says his right hand and thumb were smashed.
He accuses the defendants of negligence, unseaworthiness and maintenance and cure, which are all part of the maritime law.
Genesis Marine LLC answered the complaint on Aug. 14, arguing that the allegations outlined in the complaint fail because they were not in numbered paragraphs.
In its affirmative defenses, the defendant argues that the claims are barred by the three-year statute of limitations. Plaintiffs alleged injuries occurred on June 10, 2012, but the complaint wasn’t filed until July 1, 2015.
Genesis Marine alleges the plaintiff has been paid “all the maintenance and cure to which he is entitled under the law and is guilty of laches in bringing any such action at this time.”
The plaintiff seeks damages of more than $150,000, plus pre- and post-judgment interest, attorney’s fees and costs.
Condiff is represented by Brian Beckom of VB Attorneys in Houston and Allyson M. Romani of Shrader & Assocaites LLP in Glen Carbon.
Genesis Marine is represented by Raymond L. Massey and Benjamin S. Harner of Thompson Coburn in St. Louis and F. William Mahley of Strasburger & Price in Houston.
Madison County Circuit Court case number 15-L-840