Court Disqualifies Expert in Seaman’s Suit: Mechanical Engineer Unqualified to Opine on Vessel Operation

Bunting v. Odyssea Marine, Inc., 2024 WL 1991488, 2024 U.S. Dist. LEXIS 82043 * (E.D. La., May 6, 2024, Ashe, J.).

            Damon Bunting was hired by Odyssea Marine to serve as captain on M/V ODYSSEA TITAN, an offshore supply vessel.[1] While off duty in his bunk, he was awakened bouncing up and down.[2] He found out that the first mate positioned the vessel with its stern into the waves.[3] He filed a Jones Act suit also claiming unseaworthiness of the vessel and negligence under General Maritime law seeking damages for alleged injury to his “back, leg, knees and feet.”[4]

            To bolster the negligence claim, Bunting hired G. Fred Liebkemann, IV, a mechanical engineer, as a “liability expert” to opine about the design, construction and operation of the vessel as well as ballasting of the vessel.[5] He concluded that the vessel was lightly loaded leading to the claimed accident.[6]

            Odeyssea filed a Motion in Limine to exclude Liebkemann’s testimony on the basis that his opinions are outside the field of his expertise of mechanical engineering.[7]

            Judge Ashe granted the Motion on the basis that Liebekmann has no qualifications in the fields of “naval architecture, marine engineering, and vessel operations”[8] and that his opinion that Bunting did not contribute to the accident “is a legal conclusion and does not fall within the province of an expert.”[9] While he may have experience in crane operations, the case is about vessel operation and handling not crane operation.[10]

[1] Bunting, 2024 WL 1991488 at *1.

[2] Id.

[3] Id.

[4] Id.

[5] Id. at *2; Liebkemann outlined 6 opinions.

[6] Id. at *1

[7] Id. at *2

[8] Id. at *4

[9] Id.

[10] Id.