$650,000 Settlement Obtained for Family of 18-Year-Old American Commercial Barge Lines Deckhand Crushed During Accident

Schlichter Bogard & Denton is pleased to announce that it has achieved a settlement on behalf of Mr. Joseph Hulen, who worked as a deckhand for American Commercial Barge Lines (“ACBL”) on a tow boat when he was tragically killed on November 2, 2002, while said boat was navigating along the Ohio River between Illinois and Kentucky. He is survived by his parents. Mr. Hulen aspired to follow in his father’s footsteps as an engineer. On November 2nd, while performing his duties as a deckhand, Mr. Hulen became entwined in a coiled line and was dragged into the river, whereafter he was subsequently crushed while between the boat and a barge.  Another employee had grabbed ahold of Mr. Hulen, but the rescue effort arrived too late.

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In the event’s aftermath, ACBL told the family that Mr. Hulen’s death was merely an “accident;” however, investigation revealed that ACBL failed to have a safety policy requiring that its boat be secured to barges before attempting line transfers. Moreover, investigation further yielded that the company failed to provide adequate communication between the deck crew and the boat operator. Said operator did not have visual contact with the crew and the handheld radios were described as”useless,” since the crew’s work did not afford them a free hand to physically key the microphone. Before suit could be brought on behalf of the family, ACBL filed a claim under federal law to avoid any responsibility or, alternatively, to limit the company’s liability to the value of its towboat. Schlichter Bogard & Denton partner, Mr. Nelson G. Wolff, successfully defeated that claim while also defeating the ACBL’s attempt to dismiss the claim by filing for bankruptcy.

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Under the Jones Act, the family’s claim for compensation was limited to both any loss of economic support which they reasonably expected to receive from their son and the value of the brief period of Mr. Hulen’s conscious pain and suffering. The successful settlement for the family came after litigation in four courts.