A federal court ruling has cleared the way for Breit Biniazan to continue pursuing a wrongful death case in state court on behalf of the estate of Kenneth Oakey. Our firm represents Oakey’s estate in its case against Colonna’s Shipyard following a September 2023 workplace accident involving a barge.
Oakey fell from a piece of equipment while working on the barge and later died from his injuries. Our attorneys previously filed a $45 million negligence lawsuit on behalf of his estate, and we have continued working to uncover what happened and hold those responsible accountable. Read more about the Oakey family’s case and the circumstances surrounding Kenneth Oakey’s death.
Colonna’s Shipyard later filed a federal admiralty action seeking to limit its potential liability under the federal Limitation of Liability Act. We challenged that action, arguing that the shipyard had missed the Act’s six-month filing deadline after receiving written notice of the estate’s claim.
The U.S. District Court for the Eastern District of Virginia agreed with our position, allowing us to move forward with the Oakey family’s case in state court.
Court Finds Colonna’s Shipyard Limitation Action Was Filed Too Late
The U.S. District Court for the Eastern District of Virginia agreed with our position, finding that correspondence sent on behalf of Oakey’s estate provided sufficient notice to trigger the Limitation Act’s six-month filing period. As a result, the injunction that had prevented us from moving forward with the estate’s state court case has been lifted.
Breit Biniazan attorney Patrick LaBella, who was on the brief representing Oakey’s estate, discussed the significance of the decision with Virginia Lawyers Weekly.
“The court’s ruling reflects that vessel owners may not enjoy the Limitation Act’s extraordinary benefits without strictly complying with its procedural requirements,” LaBella told the publication. “With the court’s ruling, the injunction over the estate’s state court action has been lifted, so we are able to continue seeking accountability on behalf of Kenny Oakey and his family in state court.”
Read the full Virginia Lawyers Weekly report on the federal court’s decision.
We Continue to Pursue the Oakey Family’s Case
With the federal limitation action dismissed, we can move forward with the estate’s claims in state court and continue seeking accountability on behalf of Kenneth Oakey and his family.
Fatal accidents involving barges, vessels, shipyards, docks, and other maritime workplaces can involve federal maritime laws and procedural issues that differ from other injury and wrongful death cases. Our attorneys handle complex maritime accident cases, including maritime wrongful death claims involving fatal accidents on and around the water.
We will continue representing the Oakey family as the case moves forward and pursuing accountability for Kenneth Oakey’s death.
