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July 16, 2021 By Waterways Journal Part Three: Potential Defenses—Inevitably Worsening And Pre-Existing Conditions (Editor’s note: This is the third of three articles written by attorneys from Fox Smith LLC of St. Louis on handling pre-existing medical conditions for vessel employees. Part 1 appeared in our May 24 issue; Part 2 ran June 21. All three articles were previously published in the newsletter of the Greater New Orleans Barge Fleeting Association.) The defenses available in combating a lawsuit from a seaman who faile...

Kennedy EAST ST. LOUIS – Watco Transloading may test the bone density of tugboat deckhand Kevin Beam, U.S. Magistrate Judge Gilbert Sison ruled on June 21.  He found good cause for an independent medical examination.  Watco previously admitted liability for an accident that injured Beam in 2017, but it doesn’t admit liability for all the damages he has requested.  Sison resolved a dispute over the bone scan upon referral by District Judge Staci Yandle, who plans to hold trial in December.  Beam, a Randolph County resident, helped load coal into barges at Wa...

Toennies An inspection company and property management company claim a building inspector assumed risk of harm and contributed to his own injuries when the stairs at a foreclosed Glen Carbon property collapsed, causing him to fall into the basement.  Plaintiff Thomas Harpstrite filed his original complaint on April 1 in Madison County Circuit Court. He then filed an amended complaint on April 30 in order to correctly name the defendants. Truist Bank was incorrectly named as BB&T Bank, and Safeguard Properties Management LLC was incorrectly named as Safeguard Prope...