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BUNKER INDEX :: Price Index, News and Directory Information for the Marine Fuel Industry
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Vane Line Bunkering faces lawsuit over barge captain who suffered stroke

Plaintiff mentions 'multiple requests' for transfer closer to home, which, he says, would have enabled him to receive timely lab checks.

Updated on 18 Sep 2017 12:55 GMT

A lawsuit has been filed at the U.S District Court for the Eastern District of New York by a barge captain against US transportation firm Vane Line Bunkering Inc and its parent business The Vane Brothers Company.

Plaintiff Ervin Simpson claims in documents seen by Bunker Index that he suffered a cerebrovascular accident (CVA), or stroke, on October 30, 2014, while employed as the captain of a tank barge owned and operated by Vane Line Bunkering Inc, the DS-36, and that his "inability" to comply with the necessary lab checks to monitor blood levels of stroke-related agents requested by his doctor "contributed to" the medical incident taking place.

According to Simpson, the defendant "knew or should have known vis a vis [the] plaintiff's multiple requests for medical transfer to an [available] location in closer proximity to his residence that would have enabled him to receive timely lab checks".

He goes on to add that the defendant "breached its obligation to exercise reasonable care on [the] plaintiff's behalf, by denying said requests for transfer, or otherwise ensuring that he received the necessary lab checks, thus contributing to the CVA".

Simpson also says the alleged breach "violated [the] defendant's paternalistic duty to ensue [the] plaintiff's health, well-being and/or [the] plaintiff's receipt of reasonable and necessary medical attention".

The plaintiff claims that the defendant's "tortious acts" led to:

a) Pain and suffering;

b) Mortification, humiliation, fright, shock and embarrassment;

c) Loss of earnings and earning capacity;

d) Hospital, pharmaceutical and other cure expenses;

e) Aggravation of prior condition, if there was any;

f) Inability to engage in social, recreational, and other pursuits previously enjoyed;

g) Mental anguish

Simpson is demanding trial by jury and judgment against the defendant together with interest, costs, attorney fees and expenses. Monetary damages sought are in excess of $150,000, excluding interest and costs.

The defendant has been issued with a summons by the court to respond by either serving on the plaintiff or plaintiff's attorney an answer to the complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure.

Headquartered in Baltimore, The Vane Brothers Company operates a fleet of tugboats and barges. The firm performs oil transportation services to the marine, power and manufacturing industries, including bunkering, lightering and general transport.

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