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| Negligence |
| Platform Operator Claimed Swing Transfer Injured Back |
| Settlement: $745,000.00 Attorney fees: $298,000 Litigation expenses: $65,000 |
| Case: Marc A. Walters v. Murphy Exploration Company, Murphy Exploration & Production Company, Seacor Offshore Inc., Seacor Marine Inc., Graham Boats Inc., and Murphy Oil USA Inc., No. 2001-55218 |
| Venue: Harris County District Court, 165th, TX |
| Judge: Elizabeth Ray | Louis Selig (Mediator) |
| Date: 02-22-2003 |
| PLAINTIFF(S) |
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Attorney: Vuk S. Vujasinovic, Houston, TX, for Marc A. Walters |
| DEFENDANT(S) |
Attorney:
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Expert:
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| Facts: Plaintiff Marc Walters, a 36-year-old offshore platform operator, worked for Production Management Industries. , sued the defendant companies for negligence in connection with a back injury he allegedly sustained while working on the MI 604 platform in the Gulf of Mexico.
Murphy Exploration Company operated the MI 604, as well as other satellite platforms. Murphy Exploration, in turn, sued Walters' employer, Production Management Industries, on a contractual indemnification claim. Murphy Exploration had contracted with Production Management to perform various maintenance services on the platforms.
As to the other defendant companies, Murphy Exploration & Production Company and Murphy Oil USA Inc. are Murphy Exploration affiliates. Seacor Offshore Inc. is an affiliate of Seacor Marine Inc. Seacor Marine was the operator of the utility boat which transferred personnel between the various platforms. The utility boat was owned by Graham Boats Inc.
On June 10, 1998, Walters was assigned to bring a well back online on a satellite platform. Walters alleged that the Murphy Exploration supervisor ordered him to transfer from the MI 604 to the utility boat using a swing rope in rough weather conditions. Walters claimed that he injured his back during the swing transfer.
Walters alleged that Murphy Exploration should not have ordered him to swing in adverse weather. He further alleged that Seacor Marine should have stopped the operation due to the weather, and that it was also negligent for failing to have a deckhand in position to assist his transfer.
The defendants alleged contributory negligence, pointing to Walter's admission that it was his choice on whether, and when, to swing. They noted that Walters did not arrange for the preparation of a formal accident report until two weeks after his alleged injury. Given Walters' return to work for three years after the accident, the defendants questioned the extent and severity of the injuries attributed to the swing transfer.
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Injury: Walters' family physician initially placed him on light duty. He subsequently saw Jerjis Denno, an orthopedic surgeon, who after a period of conservative treatment, performed a two-level lumbar fusion at the L4-5 and L5-S1 level on Oct. 28, 1998. Denno cleared Walters to return to his offshore job in August, 1999, where he continued working until mid-2002, when Walters claimed he could no longer continue the heavy labor job. Denno took Walters off work status and related his problems to the 1998 injury. Walters incurred approximately $82,000 in medical bills, and claimed the loss of wage earning capacity for the remainder of his expected work life. |
Verdict Information Attorneys for the parties successfully negotiated a pre-trial settlement to be paid by the defendants. The case was settled without any admission of liability. The attorneys would like to acknowledge the efforts of mediator Louis Selig of Houston for facilitating the preliminary negotiations between the parties.
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Awarded: $745,000 settlement; $298,000 attorney fee; $65,000 expenses
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