Cutler vs The United States of America, Dyn Marine Services, Inc and Dyn Marine Services of Virginia, Inc.
U.S. District Court for the Southern District of Florida
Case Number 01-3910-Civ-Jordan
Plaintiffs Attorneys: Charles R. Lipcon, Jason Margulies
Defendants Attorney: Reginald Hayden
Jones Act, Suits In Admiralty, Public Vessel Action: Plaintiff was a 49 year old male assistant engineer working on a U.S. vessel, USNS Pathfinder, which was owned and/or operated by defendants when he had two accidents. In the first accident plaintiff was holding a shore power cable being moved by a crane when the crane jerked causing plaintiffs hand to hit the railing and fracturing his thumb. Defendant claimed the accident did not happen and that the vessel was not in port on the day of the alleged accident so that there was no need for shore power cables. In the second accident, plaintiff injured his back while lifting a heavy motor part. Defendant claimed that this accident did not happen and that there were no records showing repairs to the motor that plaintiff claimed was being repaired at the time of the claimed accident.
Plaintiff earned about $40,000 yearly. Plaintiff had back surgery which defendant claimed was not related to an accident.