Hebert v. Specialized Environmental Resources, LLC, et al

Hebert v. Specialized Environmental Resources, LLC, et al
(March 2013)

Mike Sistrunk, Kyle Kirsch, and Craig Canizaro secured a summary judgment in favor of A-Port, LLC, a dock owner in Grand Isle, on a maritime and state law negligence claim brought by plaintiff, Mark Hebert.  Plaintiff alleged A-Port was liable for injuries he allegedly sustained while boarding a vessel from the A-Port dock.  He claimed A-Port negligently failed to provide him a gangway for boarding the vessel.  Plaintiff’s alleged injuries included the need for a cervical fusion.  Plaintiff also brought a claim for lost wages/earning capacity of approximately $1,000,000.   The Court agreed with A-Port’s argument that dock owners are not liable under federal maritime law to provide gangways to a ship’s crew.  Additionally, the Court agreed with A-Port’s argument that A-Port owed no duty to plaintiff under Louisiana law.  Thus, plaintiff’s claims against A-Port were dismissed, with prejudice, at plaintiff’s cost.