Louisiana Family Sues Marine Transportation Companies After Worker Sustains Fatal Injuries in Barge Construction Accident
The estate and family of Bosit Bommarito III, a resident of Louisiana, filed a maritime personal injury and wrongful death lawsuit against Belle Chasse Marine Transportation, L.L.C. and its subsidiary, Belle Chasse Land Transportation, Inc. The litigation, filed under Case No. 2:21-CV-204 in the Eastern District of Louisiana, involves a series of events beginning with a workplace accident on the Mississippi River that eventually led to a tragic and fatal outcome for the young welder.
Maritime Worker Injured During Launch Site Construction Due to Defective Crane Hook and Lack of Safety Latches
According to court documents and trial testimony, Bommarito was employed as a welder helping to construct a launch site on the Mississippi River. The incident occurred aboard the OC160, a crane barge owned by Belle Chasse Marine but operated by its subsidiary, Belle Chasse Land. While Bommarito was serving as a rigger, he was required to stand in close proximity to the crane lines to maintain manual tension on the rigging. This dangerous positioning was allegedly necessary because the hooks being used, which were fabricated by company employees, lacked safety latches. During a lift operation, the metal weld on a walkway section broke, causing a hook to come loose and strike Bommarito. The force of the impact knocked him off the walkway, resulting in a fall of nearly twelve feet.
Employee Sustains Serious Head and Spinal Injuries Requiring Emergency Surgery Following Mississippi River Barge Accident
The initial fall resulted in severe physical trauma for Bommarito, including a profuse laceration over his eye, a concussion, and a fractured eye socket. As his condition was monitored, medical professionals further diagnosed him with a displaced C6-7 cervical disk, which required emergency surgery to correct. Even after the spinal procedure, Bommarito continued to suffer from a torn labrum and significant vision issues, including double vision and a sunken eye caused by an orbital floor fracture. Four months after the initial maritime accident, physicians informed him that at least two additional surgeries would be required to address his ongoing pain and physical impairments.
Lawsuit Examines Proximate Cause and Superseding Negligence Following Fatal Overdose Linked to Chronic Pain Management
A central point of contention in the legal proceedings involved the cause of Bommarito’s death, which occurred several months after the accident. After his prescription for pain medication ran out and he was unable to secure an earlier doctor’s appointment, Bommarito was found unconscious from an overdose of fentanyl and Xylazine. While the district court initially found the companies liable for his death, concluding the overdose was a direct result of the intractable pain caused by the workplace injury, the United States Court of Appeals for the Fifth Circuit later reversed that specific portion of the award. The appellate court determined that the ingestion of illegal street drugs constituted a superseding cause of death that was not a foreseeable consequence of the original negligence. However, the court maintained the company’s liability for the initial injuries sustained during the barge accident.
Companies Found to Be Alter Egos in Maritime Negligence Claim Involving Inadequate Safety Standards and OSHA Violations
The litigation also highlighted significant issues regarding corporate structure and safety compliance. The district court found, and the appellate court affirmed, that Belle Chasse Marine and Belle Chasse Land operated as a single entity, or alter egos, for the purposes of the lawsuit. The entities shared officers, insurance policies, and human resources departments, and the subsidiary lacked independent income. Furthermore, evidence at trial indicated that the crane operator involved in the accident was not certified as required by OSHA standards and had not completed required safety training. The court noted that hooks with safety latches were commercially available and required by industry standards, but the defendants chose to use defective, shop-made hooks that directly contributed to the hazardous working conditions.
Contact a Maritime Injury Lawyer Today if You Were Injured on a Vessel or Barge Due to Unsafe Equipment
Maritime workers and longshoremen who are injured due to defective equipment, unseaworthy vessels, or the negligence of their employers have specific rights under federal law. When companies fail to provide adequate safety gear or employ uncertified operators, the results can be life-altering or fatal. If you or a loved one has suffered a serious injury while working on the water or during vessel construction, it is essential to consult with a legal team that understands the complexities of maritime jurisdiction and employer liability.
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Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
