Nichols v. Weeks Marine, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ELDON E. FALLON, District Judge.

I. Factual and Procedural History

This case arises out of injuries allegedly sustained by Plaintiff Cederic Nichols (the “Plaintiff’) on or about November 7, 2004 while he was employed as a member of the crew of the M/V ALEXANDRIA, located at the time near Charleston, South Carolina. Specifically, the Plaintiff alleges that a cable become tangled or “birdnest-ed” on the vessel’s starboard side drum several weeks prior to the accident date due to another crewman’s negligence. The Plaintiff further claims that the vessel’s…