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Seaman Files Suit Over Shower Fall During Barge Collision

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Brent Adams
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Cedric McAfee has filed a personal injury suit against Kirby Inland Marine and Bean’s Fleet, alleging that he suffered injuries when the boat he was working on collided with another barge.

McAfee was trying to enter the shower on the vessel “Palo Duro” on March 6, 2006, when the ship crashed into a stationary barge, says the suit he filed in Texas’ Jefferson County District Court on March 2.

McAfee says the collision caused him to be thrown against the wall of the vessel’s shower, injuring his shoulder and low back in addition to other parts of his body.

McAfee claims the crash occurred due to the captain of the ship writing in the log, rather than focusing on the waterway ahead, despite the ship running at night without lights.

McAfee alleges the incident caused him to experience physical pain, suffering, mental anguish, emotional distress, inconvenience, lost enjoyment of life, medical expenses, lost wages, lost earning capacity, and physical impairment.

The suit alleges negligence on the part of Kirby Inland Marine for breach of legally imposed duty of care, failure to provide a safe workplace, creating and maintaining a vessel that wasn’t seaworthy, failure to warn, failure to activate the boat’s lights, and through the captain’s improper operation of the vessel.

The suit alleges negligence on the part of Bean’s Fleet for having a ship extended into the channel used for navigation, breach of duty of reasonable care, failure to have fleet lights at the corners of the barge, and failure to provide the “Palo Duro” with a warning of the ship it collided with’s location.

McAfee seeks unspecified damages within the court’s jurisdictional limits.

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