47.3' Tucker Towing Vessel 1973 MARY J

At Upper River Services Dock, St. Paul, MN

Copyright Richard E. Dunbar 1991-2006 Any and all other rights reserved.

http://http://www.towboatgallery.com/Mary_J.php

--------------------------------------------------------------------------------------------

Mary J 552921
Twin screw towboat, b. 1973 by Tucker Marine, Cincinnati. 51 x 18.5. Cummins KT19-
M diesels, repowered 1984, 800 hp. Leased by Grundy County Marine Service, Morris,
Ill., until leased 1975 to Tri-State Marine, Inc., Afton, Minn. Leased Dec. 1977 to
Marseilles Marine & Fleeting, Inc., Ottawa, Ill. Sold May 1979 to Twin City Shipyard, St.
Paul. Sold 1986 to Upper River Services, Inc., St. Paul, Minn.



-----------------------------------------------------------------------------------
Vessel Name: MARY J.
USCG Doc. No.: 552921
Vessel Service: TOWING VESSEL
IMO Number: *
Trade Indicator: Coastwise Unrestricted
Call Sign: WYP2637
Hull Material: STEEL
Hull Number: *
Year Built: 1973
Length (ft.): 47.3
Hull Depth (ft.): 6
Hull Breadth (ft.): 18
Shipyardand Address: TUCKER MARINE, INC*
Hullyardand Address: *CINCINNATI, OH
Hailing Port: ST. LOUIS, MISSOURI
Owner: UPPER RIVER SERVICES INC40 STATE ST ST PAUL, MN 55107
Gross Tonnage: 48
Net Tonnage: 32
Documentation Issuance Date: September 22, 2004
Documentation Expiration Date: October 31, 2005

Respondent Troy C. Drury began work as a deckhand for Upper River Services (URS) in 1991. He was a crewmember of one of URS's river harbor boats, the M/V Mary J, when he sustained a back injury while jerking wire from an allegedly defective rigging wire that he was using to couple two barges together.
At the time of Drury's alleged injury, he was working by himself because the mate, Thomas Warnock, was hung over and was either unwilling or unable to assist Drury. Drury had to use the portable rigging rather than the stationary rigging to couple the barges because the stationary rigging was kinked or snarled and was not fit for use.
Portable rigging involves the use of a heavy, 35-foot-long rigging wire and a heavy ratchet. The wire is laid around deckfittings and the slack is then jerked from the wire. Drury testified that he sustained his injury while jerking on the wire, which failed to yield the anticipated amount of slack. He testified that the reason was that the wire must have had a kink in it. On cross-examination, however, he testified that he did not see any kink in the wire while he laid it.
Pursuant to a special verdict, the jury found, among other things, that (1) Upper River Services was negligent and its negligence played a part in causing Drury's injuries, and (2) the M/V Mary J was unseaworthy and its unseaworthiness was a substantial cause of Drury's injuries.
The trial court subsequently granted Upper River Service's motion for judgment notwithstanding the verdict regarding Drury's negligence claim, but denied the motion regarding Drury's claim for unseaworthiness. Upper River Services appeals that portion of the order denying its motion. If necessary, Drury challenges that portion of the order granting URS's motion.


http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=
appunpub%5C9606%5Ccx952262&invol=1