A Maryland appellate court on Thursday vacated a $8.69 million jury award for a worker who suffered traumatic brain injury while working aboard a floating crane barge in December 2016.
The Maryland Court of Special Appeals found that the plaintiffs award for Matthew McGeady was improper because a trial judge should have granted summary judgment to Mr. McGeady’s employer before the case ever came before a jury.
Mr. McGeady worked for Corman Marine Construction Inc., which owned and operated the floating crane barge, the Xavier, on which Mr. McGeady was injured. He required emergency surgery for traumatic brain injury after he was knocked down during an incident involving a pressurized plug on the Xavier, which had been docked along a Virginia river.
Mr. McGeady received benefits under the federal Longshore and Harbor Workers’ Compensation Act, and he simultaneously sued Corman Marine for negligence.
A jury ultimately found in favor of Mr. McGeady.
Post-trial, Corman argued that Mr. McGeady failed to introduce evidence showing that Corman’s negligence arose out of its vessel operations.
The appeals court said under federal law, a joint employer-vessel owner can be sued in the tort system for negligence, but only arising from negligence in its role as a vessel operator, not as an employer. Employers are protected against lawsuits by workers compensation exclusive remedy.
The appeals court, in vacating the award, said Mr. McGeady failed to present evidence that his injuries were directly attributable to vessel-owner negligence.
