Case Document 1 Filed 05/16/14 Page 1 of 4

 
   
 

 

 

 

 

 

 

I SOUTHERN gtfiTEIC? 05 MISSISSIPPI 
IN THE UNITED STATES DISTRICT COU MAY 1
FOR THE SOUTHERN DISTRICT OF MISSIS 6 2014
SOUTHERN DIVISION 
BY DEPUTY
MICHAEL CLARENCE MERRILL PLAINTIFF
v. CASE No. 
OMEGA PROTEIN, INC. DEFENDANT
COMPLAINT
JURY TRIAL REQUESTED

Plaintiff Michael Clarence Merrill (?Plaintiff?) ?les this Complaint against Omega
Protein, Inc. (?Defendant?), and states as follows:
PARTIES
1.
Plaintiff Michael Clarence Merrill is an adult resident citizen of the State of Mississippi.
2.

Defendant Omega Protein, Inc. is a foreign corporation authorized to do and doing
business in this state and judicial district at all material times. It can be served with process
through its registered agent, CT Corporation System, 645 Lakeland East Drive, Suite 101,
Flowood, Mississippi 39232.

JURISDICTION
3.
This Honorable Court has jurisdiction over this cause of action pursuant to 28 U.S.C. 

1332 as the parties are diverse in citizenship and the amount in controversy exceeds $75,000

exclusive of costs and interest.

 

 

 

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4.

At all material times, Plaintiff was employed by US Joiner LLC as a marine carpenter,

for which job he earned approximately $22.08/hour plus overtime. 
5.

At all material times, Plaintiff was a maritime employee of US Joiner LLC covered under

the Longshore and Harbor Workers? Compensation Act, 33 U.S.C. ?901, e_t sag.
6.

At all material times, Defendant owned and operated the OYSTER BAYOU, a
vessel in navigation.

7.

At all material times, Omega owned and operated the MN FROSTY MORN, a vessel in
navigation.

8.

At all material times, Omega maintained active control over the MN ROSTY MORN,
including her crew, equipment, appurtenances, and the policies and procedures governing her
crew and all working aboard the vessel.

9.

In January 2014, Plaintiff was assigned to perform marine services aboard the MN

OYSTER BAYOU while she was moored at Omega?s shipyard facility in Moss Point, MS.
I . 10.

In January 2014, while Plaintiff was performing assigned tasks in the regular course and

scope of his employment aboard the WV OYSTER BAYOU, plaintiff suffered severe,

 

Case Document 1 Filed 05/16/14 Page 3 of 4

permanent and disabling injuries to his lumbar spine and connective nerves, muscles, joints and
tissues when the MN FRO STY MORN suddenly and without warning, and through no fault of
Plaintiff, allided twice with the MN OYSTER BAYOU as the MN FROSTY MORN navigated
inside Omega?s Moss Point facility.

1 1.

The aforesaid casualty and resulting severe, painful, permanent and disabling injuries to
Plaintiff were caused by the negligence of Defendant in Operating the MN FROSTY MORN.

12.

As a result of the incident described herein, Plaintiff has suffered lost wages, a greatly
impaired wage earning capacity and past, present and future physical and mental pain and
suffering, including future medical care and possible surgeries and permanent physical disability
and scarring.

I 13.

Omega, in its capacity as vessel owner of the MN FROSTY MORN, is liable in whole to
Plaintiff for the damages described herein pursuant to the Longshore and Harbor Workers?
Compensation Act, 33 U.S.C. ?905(b).

14.

Plaintiff prays for trial by jury.

WHEREF ORE, Plaintiff Michael Clarence Merrill prays for judgment in his favor and
against Defendant Omega Protein, Inc. for compensatory damages in an amount reasonable

under the circumstances of this cause, for legal interest on those amounts for which Plaintiff is

entitled to obtain legal interest, for any additional general and equitable relief as the facts of this

 

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cause may require, and for a jury trial on all claims asserted herein or by way of amended or

supplemental complaint.

DATED: May ,2014.

Respectfully submitted,

MICHAEL CLARENCE MERRILL

OF COUNSEL:

BRUNINI, GRANTHAM, GROWER HEWES, PLLC
LEONARD A. BLACKWELL, 11, MS BAR No. 3360

TAYLOR B. MCNEEL, MS BAR No. 102737

Post Of?ce Box 127

Biloxi, Mississippi 39533?0127

Telephone: (228) 435?1198

Facsimile: (228) 435-0639

1blackwell@brunini.com

t1ncneel@brunini.com

Attorneys for Plaintiff Michael Clarence Merrill

Ms Attorneys