Marlon J. Brown v. MSC Ship Management, Ltd., MSC Mediterranean Shipping Co., and Meridian 7 Ltd.

Summary

The court denied defendants’ motion for reconsideration of a prior summary-judgment order in a Longshore and Harbor Workers’ Compensation Act vessel-negligence action. The court held that evidence concerning worn gangway treads, including expert materials, photographs, video, and eyewitness testimony, created a triable issue regarding causation and did not require impermissible jury speculation. The court left its July 1, 2025 order in effect and set deadlines for the pretrial order, pretrial conference, and jury trial.

Holdings

1. Reconsideration was not warranted because Defendants did not establish an intervening change in controlling law, newly available evidence, clear error, or manifest injustice.
2. The record contained sufficient evidence from which a reasonable jury could find that worn gangway treads existing at turnover factually and proximately caused Plaintiff's fall and injuries; the jury would not have to impermissibly speculate about causation.

Questions Presented

1. Whether reconsideration of the prior summary-judgment order was warranted under the Rule 59(e) standard.
2. Whether the record contained sufficient evidence for a reasonable jury to find that worn gangway treads factually and proximately caused Plaintiff's fall and injuries without impermissible speculation.

Disposition

denied