• Brian A. Beckcom; Vujasinovic & Beckcom; Houston, TX, for Robert Chandler

• Alan B. Folger; Folger, Wheat & Oppermann; Waller, TX, for Brown Tide Inc.
• Alan Meche; Bale & Godkin; Sugar Land, TX, for Tesoro Marine Services Inc.
• Jeffrey R. Bale; Bale & Godkin; Sugar Land, TX, for Tesoro Marine Services Inc.

• Don Green; Maritime/Water Safety; Houston, TX called by: Alan Folger
  
  
• Francisco Perez Ph.D., ABPP; Neuropsychology; Houston, TX called by: Jeffrey Bale, Alan Meche
  
  
• William Quintanilla MEd, LPC; Vocational Rehabilitation; Houston, TX called by: Alan Folger
  
  
• David Rosenfield M.D.; Neurology; Houston, TX called by: Jeffrey Bale, Alan Meche
  
  
• James Yaeger; Economics; Houston, TX called by: Alan Folger
  
  
• Capt. Richard Frenzel; Maritime/Admiralty; Seabrook, TX called by: Jeffrey Bale, Alan Meche
  
  

A line became fouled in the engine of the Brown Gulf. Chandler called his supervisor at Brown Tide, who directed him to pilot the Brown Gulf to the Tesoro Marine Services dock facility in Pelican Bay, Galveston. The supervisor called a diver to meet in Chandler at the Tesoro dock.

When he arrived at the Tesoro dock, Chandler moored the Brown Gulf to a slip designed for ocean-going vessels (not inland vessels such as the Brown Gulf). This was done at the direction of the Tesoro dispatcher.

The diver met the Brown Gulf at the slip, dove under the boat, and unfouled the lines. He got onto the Brown Gulf, then disembarked to the dock. Because the Brown Gulf was in a slip designed for larger vessels, its deck was about six feet lower than the surface of the dock. The diver was forced to climb up the timbers, or "bumpers," to the top of the dock. The deckhand followed.

Chandler followed behind the deckhand. As he made it to the top of the Tesoro dock, he slipped and fell backwards, landing on the deck of the Brown Gulf and injuring himself.

Brown Tide Inc. filed an exoneration from or limitation of liability claim against Chandler in federal court in Victoria that sought to exonerate it from any liability to Chandler, or, in the alternative, to limit its exposure to $96,000, the alleged value of the vessel.

The federal court stayed all proceedings against Brown Tide in any other forums.

Chandler responded to the limitation of liability petition by requesting that the court lift its stay to allow him to pursue his Jones Act and unseaworthiness claims in state court in front of a jury. Chandler filed appropriate stipulations protecting Brown Tide's rights to have its limitation of liability proceeding heard in federal court, and the court agreed to lift the stay.

Chandler then sued Brown Tide Inc., Rockport, his Jones Act employer and Tesoro Marine Services Inc., Galveston, owner of the dock, in state court in Galveston, alleging that Brown Tide was unseaworthy because it did not have a safe means of ingress or egress, such as a ladder, gangway or Jacob's ladder. Chandler claimed that the dock was defective and unsafe because it was in poor condition, slippery, and that part of the dock broke off, causing him to fall.

Brown Tide and Tesoro contested liability. They both claimed that the fall was 100% the fault of Chandler, because as an experienced captain, he should have known to radio the Tesoro dispatcher and request a gangway or ladder before disembarking. The defendants also claimed that there was no need for Chandler to disembark at that time, and that as the captain, he was responsible for ensuring that the Brown Gulf was properly equipped.

Tesoro also argued that as a dock owner, it had no duty to Chandler as a matter of law, other than ordinary premises liability duties.

The defendants claimed, and the doctors agreed, that Medicare would pay for the future care, which would reduce Chandler's estimated future care by 50% or more.

Per the defendants, Chandler claimed brain damage through his own experts.