The case involves Genesis Marine, LLC’s limitation action filed on December 13, 2024, seeking to limit its liability for damages related to serious personal injuries sustained by one of Genesis's Jones Act seaman, Brandon Darrow, aboard the Genesis vessel M/V ANACONDA. Mr. Darrow's injuries include permanent disability, multiple surgeries, young age and substantial loss of future earning capacity, future surgeries, psychological symptoms, and substantial pain and suffering.
Shortly before Mr. Darrow's case was scheduled to go to trial in state court, Genesis filed a limitation of liability action in New Orleans federal court which in turn stayed the state court case.
Claimant Brandon Darrow filed a Motion for Summary Judgment asking the federal court to dismiss Genesis's limitation action, arguing that Genesis’s limitation action was untimely because it was filed more than six months after Genesis had written notice of a reasonable possibility that Darrow’s damages would exceed the vessel’s value of $12.5 million. Genesis contended that it did not receive such notice until August 2024, when Darrow made a $22 million settlement demand.
The court reviewed the evidence, including Genesis’s August 8, 2022, state court Answer, which stated that Darrow’s damages “greatly exceed” the vessel’s value. The court found that Genesis had written notice of a reasonable possibility of damages exceeding the vessel’s value as early as August 2022, based on its own statement and evidence of Darrow’s injuries and damages.
The court held that Genesis failed to file its limitation action within the six-month statutory time limit under § 30529. Action by owner for limitation. Consequently, the court granted Darrow’s Motion for Summary Judgment, concluding that Genesis’s limitation action was untimely.
A copy of the decision can be downloaded from the link below:
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