Atlantic Sounding Co., Inc. v. Jimmie Vickers

[B]Date Decided[/B]: Feb 25[SUP]th[/SUP], 2011
[B]Decided By[/B]: Mississippi Southern District Court (Federal)
[B]Court[/B]: United States District Court for the Southern District of Mississippi
[B]Citation[/B]: 782 F.Supp.2d 280
Jimmy Vickers (“Vickers”) was injured while working forAtlantic Sounding Company, Inc. (“Atlantic”) as a dredge tender operator.Vickers allegedly lost his balance when piloting a tender between a barge and apontoon line and fell against the tender’s console. He underwent surgery for atorn left rotator cuff, received pain medication and was prescribed a course ofphysical therapy.
Following the injury, Atlantic paid Vickers approximately$26,500 in medical expenses from May 18, 2009 until January 7, 2010.
Atlantic then filed a Complaint for Declaratory Judgment inthe United States District Court for the Southern District of Mississippi.Therein, Atlantic sought a determination that it was not responsible for any furthermaintenance and cure beyond the medical expenses it had already paid toVickers.
Vickers filed a Counter-Claim against Atlantic seekingfurther maintenance and cure and lost wages.
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