Dale v. Luhr Brothers, Inc.

Plaintiff James Dale commenced this Jones Act (46 U.S.C. sec. 688 (1983)) case in St. Clair County. After a bench trial, the judge found defendant Luhr Brothers, Inc., liable to plaintiff in the amount of $1,654,704. Defendant appeals. There is no cross-appeal.

Defendant employed plaintiff as a heavy machinery operator. Plaintiff spent about half his employment for defendant on land and the other half on the water. At the time of his injury plaintiff was in his second week as the second-shift dragline operator on the L1000, a 150- to 175-foot-long spud barge engaged in revetment at a…