We are pleased to report that Freehill partners Daniel Fitzgerald and Tanner Honea successfully obtained summary judgment of a personal injury matter in the Supreme Court of New York, Kings County. In the case of Deoraj Badloo, et al. v. The City of New York, et al., the plaintiff was an electrician hired to make repairs to a fleet of ferries when they were tied up at the dock overnight. While making repairs, the plaintiff slipped and fell while maneuvering around one of the vessel engines, resulting in alleged damage to his shoulder, back, and chest. The plaintiff, who was covered by the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), alleged that the fall was proximately caused by the defendants’ negligence, and he filed suit against his employer and vessel interests asserting claims as a Jones Act seaman. At the close of discovery, we moved for summary judgment on the grounds that the plaintiff was not a seaman and thus his claims were barred by the LHWCA and that plaintiff failed to raise a triable issue of fact regarding any Section 905(b) claim or New York Labor Law claim.
In a decision issued by the Honorable Anne J. Swern, the Court found that the defendant was not a Jones Act seaman because he was not a member of any vessel’s crew and his job duties and responsibilities only required plaintiff to work on vessels when they were tied to the dock. The Court also found that although plaintiff raised a Section 905(b) claim in opposition to summary judgment, the plaintiff failed to include 905(b) as a cause of action in his amended complaint. Moreover, the Court found that the plaintiff failed to present evidence that the defendants caused, created, or otherwise had notice of the alleged condition that caused his fall. Accordingly, the Court granted summary judgment in our clients’ favor and dismissed the plaintiff’s lawsuit in full. A copy of Judge Swern’s decision can be viewed here.