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| Admiralty/Maritime |
| Deck coordinator was fired from offshore rig after injury
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| Verdict: (P) $738,164.00 Attorney fees: $295,265 Litigation expenses: $55,000 |
| Case Type: Jones Act, Negligence |
| Case: Lamar Horton v. Diamond Offshore Company, No. 2002-22966 |
| Venue: Harris County District Court, 190th, TX |
| Judge: Jennifer W. Elrod |
| Date: 12-22-2003 |
| PLAINTIFF(S) |
Attorney:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Insurer:
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| Facts: In the fall of 2001, plaintiff Lamar Horton, 28, was employed by Diamond Offshore Co., Houston, as a deck coordinator aboard a jack-up drilling rig, Ocean Spur, in the Gulf of Mexico. On Oct. 31, Diamond fired him for poor work performance after giving him a number of written reprimands in the previous month. Horton alleged that on Oct. 30, the day before he was fired, he was placing a stabilizer (a piece of metal used in the drilling pipe) in a work basket which was to be lifted by a crane, when Diamond's crane operator "floor-boarded" the crane (moved it suddenly) and the stabilizer pinned Horton's arm. Horton sued Diamond Offshore Co. under the Jones Act and general maritime law, alleging that the crane operator was negligent in pinning his arm, the Ocean Spur was unseaworthy, Diamond failed to pay maintenance and cure, including his past medical bills, and Diamond did not approve back surgery for him. In addition, Horton alleged that the crane operator, who had been looking for a reason to fire him, fired him as a result of the accident. Diamond denied Horton's allegations, contending that it was not negligent, the Ocean Spur was seaworthy and Horton's arm injury was minor and had been resolved. Further, Diamond claimed that the back injury was unrelated to the accident and Horton did not complain about his back until four months later. Five eye witnesses, all employed by Diamond, agreed that the stabilizer struck Horton in the arm, but that he shook off the injury, went to the rig medic and returned to work. They added that Horton worked for at least one addition 14-day hitch and possibly two, with no complaints of pain. Two of the witnesses said the stabilizer swung over and Horton was struck after clearing away, then going back to the basket for some unknown reason. Diamond also pointed to a diary that Horton kept on the rig; it indicated that the accident occurred on Oct. 27 or Oct. 28 and that Horton dropped the stabilizer on his own arm. No accident report or other documentation was completed.
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Injury: On Nov. 4, 2001, Horton went to the emergency room, complaining of arm and shoulder pain. He was discharged with a diagnosis of muscle strain. Beginning in February 2002, Horton was treated for a few months by an orthopedic doctor, then discharged to light duty. The doctor stated that he could not determine the origin of Horton's back injury. Horton then went to a neurosurgeon, who ordered an MRI of Horton's lower back. He diagnosed a herniated L4-5 disc and recommended surgery, which he testified would cost $100,000. The defendant's IME doctor testified that the surgery would cost between $30,000 and $40,000. A doctor hired by Diamond to perform an independent medical examination testified that Horton reached maximum medical improvement in April 2002 and that surgery was not needed. He added that the herniated disc was minor and that the MRI films were of poor quality, He testified that Horton exhibited signs of secondary gain. Horton's vocational rehabilitation expert testified that he would make $8-10 hour, and his past and future economic losses would total $1,124,254, according to Horton's economist. In contrast, Diamond's vocational rehabilitation expert testified that Horton could make as much as $15 an hour (or $3 more than he was making when he was fired). Its retained economist testified that Horton would sustain economic losses of between $220,306 and $471,064.
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Verdict Information The jury found that Diamond was 90% negligent and that Horton was 10% negligent. They found that the vessel was seaworthy, Diamond failed to pay maintenance and cure, and Horton was not at maximum medical improvement.
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Lamar Horton $15,610 Personal Injury: Past Medical Cost $90,000 Personal Injury: Future Medical Cost $7,500 Personal Injury: Past Physical Impairment $2,500 Personal Injury: Future Physical Impairment $82,054 Personal Injury: Past Lost Earnings Capability $410,500 Personal Injury: FutureLostEarningsCapability $100,000 Personal Injury: Past Pain And Suffering $25,000 Personal Injury: Future Pain And Suffering $5,000 Personal Injury: Future Disfigurement |
Editor's Comments The plaintiffs attonreys said that this could be the largest jury verdict in Texas in a non-operated back injury case since the recent tort reforms.
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Awarded: $738,164 verdict; $295,265 attorney fee; $55,000 expenses
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