Maise V. River Ventures, Llc

Case Background

On September 11, 2023, Todd Maize filed a personal injury lawsuit against River Ventures, LLC. He suffered comminuted bilateral heel fractures while deboarding and jumping to the dock. In his Jones Act lawsuit, Maize accused his marine employer of negligence during the deboarding process.

The lawsuit was filed in the United States District Court, Louisiana Eastern (New Orleans). The case was assigned to Judge Carl J Barbier and referred to Magistrate Judge Michael North. [Case number: 2:23cv5186]

Cause

On May 25, 2023, Todd Maize, a 45-year-old tugboat captain from Beeville, TX, worked as a relief captain aboard the M/V Independence for River Ventures. He was in the midst of a two-week assignment, navigating the Intracoastal Waterway near Houma while towing two empty barges. Plaintiff Maize had planned to leave the vessel early for a personal matter, namely a seafood boil he had scheduled that evening for his catering business.

Maize and the new captain of the Independence, Tyrone Veal, made plans to drop him off at a dock near Houma. Maize had arranged for a friend to pick him up. At the designated time, Veal piloted the vessel to the chosen dock. Maize grabbed his bags and made his way to the side of the barge to climb down. He placed his feet on a small indentation along the side of the barge as he prepared to step onto the dock.

The maneuver, however, was complicated by heavy water traffic and poor lighting at the dock. Veal opted for a quick approach, even describing it as “a little sneaky.” As Maize readied himself to step onto the dock, the barge unexpectedly began to separate from the dock. What seemed like a safe departure quickly turned hazardous.

Fearing he would fall into the water, Maize released his grip on the barge and attempted to jump to the dock. Unfortunately, his landing was far from soft, and the jump resulted in injury.

Injury

Maize sustained bilateral comminuted heel fractures. Surgeons repaired the fractures and implanted hardware to aid the healing process.

Damages

The injuries left Maize unable to continue working on tugboats, where he earned $105,000 annually. He was now restricted to sedentary work. Maize sought both general and special damages to compensate for the losses he suffered due to the defendant’s negligence.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): River Ventures, LLC | Endurance American Insurance Company | New York Marine and General Insurance Company
    • Counsel for Defendant(s): Jefferson Randolph Tillery | Austin Story Glascoe
    • Experts for Defendant(s):  Larry Strouse | Nancy Famularo

Claims

In this Jones Act lawsuit, Maize claimed that River Ventures acted negligently by unsafely dropping him off at the dock. He argued that the company failed to hold a safety meeting or establish a plan beforehand. Furthermore, when Maize stood on the side of the barge, with his feet on the indentation, he had no ladder to assist him. Maize also criticized the decision to attempt the drop-off at this particular dock, especially when another nearby dock offered easier access. He pointed out that the maneuver occurred in heavy waterway traffic, adding to the risks.

Maize presented two key theories in support of his case: first, that River Ventures was negligent under the Jones Act, and second, that the Independence was unseaworthy, making it unsafe for its intended purpose.

Defense

River Ventures, insured by Endurance American Insurance and New York Marine, provided a different perspective on the incident. The company argued that Maize, a 25-year experienced seaman, made a reckless decision to jump from the barge to the dock, despite being warned that it was a long jump. River Ventures maintained that Maize should have known better than to attempt such a move.

The company also disputed the damages claimed by Maize. It suggested that there were many sedentary jobs available to him, despite the injury. River Ventures highlighted that Maize had opened a new restaurant since the incident, presenting photos of him working without visible limitations. Furthermore, River Ventures pointed out that Maize likely did not suffer from permanent disability affecting his ability to work as a seaman. After the incident, Maize had worked several shifts on a tugboat, which River Ventures used to argue that he could still perform similar tasks.

Expert Testimony

Maize’s marine safety expert, Captain Gary Hensley from Semmes, AL, supported his position on liability. Hensley stated that Captain Veal should not have allowed the disembarkation method used. Maize denied recklessly jumping and explained that the sudden separation of the barge left him no choice but to jump or risk falling into the water.

To support his claim for economic damages, Maize presented two additional experts: Thomas Meunier, a vocational expert from Metairie, and Randolph Rice, an economist.

On the defense side, Larry Strouse, a marine expert from Mandeville, testified on behalf of River Ventures. Nancy Famularo, a vocational expert, represented the defense in the case.

Jury Verdict

The marine negligence case was tried over two days. On October 29, 2024, the jury found that while Maize did not prove River Ventures’ negligence caused his injury, it ruled that Independence was unseaworthy. They also concluded that Maize was contributorily negligent, assigning 49% of the fault to River Ventures and the rest to him.

The jury assessed damages as follows: lost earnings of $76,429, pain and suffering (past and future) at $593,347, and future lost income of $686,776. The total was $1,377,552.

After factoring in Maize’s contributory negligence, the final judgment was reduced to $675,000. Judge Barbier entered a consistent judgment.

Court Documents:

Available upon request