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A barge company argues that a man’s lawsuit alleging he slipped on ice, fell into the Mississippi River during a snowstorm and became trapped under the barge should be dismissed because the incident was the result of the natural accumulation of snow and ice and was not foreseeable.
Settergren
A barge company argues that an employee’s concealed pre-existing condition is to blame when he allegedly slipped on ice, fell into the Mississippi River during a snowstorm and became trapped under the barge by the current.
Defendant SCF Lewis and Clark Fleeting LLC answered the complaint on April 29 through attorney Neal Settergren of Goldstein and Price LLC in St. Louis.
The defendant admits that it employed plaintiff Herbert Hardimon as a barge cleaner but denies that it assigned him to work as a member of the crew of a flat deck crane barge.
In its affirmative defenses, SCF Lewis and Clark argues that Hardimon does not meet the qualifications for a seaman under the Jones Act and general maritime law.