Vol. 55 No. 7

Trial Magazine

Verdicts & Settlements: Admiralty

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Lack of Watertight Doors on Tugboat

July 2019

During high river conditions one summer, Oliver Johnson, who was in his early 50s, was working as a ­deckhand on the M/V Charlie Boy, a tug boat ­operated by Osage Marine Services, Inc., on the Mississippi River. After the boat left the dock, the captain lost control of the vessel, which turned sideways, hit a barge, and tipped onto its side. The boat’s engine compartment flooded, and the boat submerged. Johnson drowned in the incident. He had been earning approximately $40,000 annually and is survived by his wife and two adult sons.

Johnson’s estate sued Osage Marine Services, alleging negligence under the Jones Act and unseaworthiness under general maritime law. The plaintiff asserted that the boat lacked watertight doors to the hull and engine compartments and did not have an adequate rudder angle indicator, which would have assisted the captain in maintaining control of the boat. Suit also alleged that the captain failed to notify the crew of an impending collision with the barge and failed to blow a horn or sound an alarm during the emergency.

The jury awarded $4.5 million.

Citation: Johnson v. Osage Marine Servs., Inc., No. 1622-CC10552 (Mo. Cir. Ct. Saint Louis City Sept. 24, 2018).

Plaintiff counsel: Patrick Bader and Jacob Murov, both of Clayton, Mo.