Longshore and Harbor Workers’ Compensation Act

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7^th Circuit Court of Appeals

Case Name: Steven Smith v. Crounse Corporation

Case No.: 22-1303

Officials: Ripple, Rovner, and Brennan, Circuit Judges.

Focus: Longshore and Harbor Workers’ Compensation Act

Crounse Corp. was responsible for delivering barges to Mulzer Crushed Stone, who would then clean the barges, load them with crushed stone, deliver the stone, clean the barges once again, and release them back to Crounse. These barges owned by Crounse were utilized by other companies for transporting various materials. Sometimes, when barges carried coal, they would return with a significant amount of coal still remaining in the hopper, which Mulzer would remove and sell for profit. In this particular incident, Mulzer’s employee, Smith, was operating a skid steer equipped with a blade positioned at its lowest height to push the coal to the front of the hopper for subsequent removal with a broom. The blade struck a “scab,” causing Smith to be propelled forward. As a result of the incident, Smith’s seatbelt failed, and he sustained injuries upon hitting a safety bar. The scab on the hopper floor was a result of a split seam, measuring approximately 12-14 inches in length and a few inches in height. It’s important to note that the barge involved in the accident was 24 years old.

Smith sued Crounse under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. 901, as well as general maritime law. However, the Seventh Circuit Court of Appeals upheld the summary judgment in favor of Crounse. Smith failed to present sufficient evidence to support his claims that Crounse’s inspection and repair procedures were inadequate, that Crounse possessed actual knowledge or should have reasonably known about the defect through exercising ordinary care, or that Crounse had failed to meet its duties in terms of turnover.

Affirmed

Decided 07/06/23

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