$9.6 Million Jones Act Verdict Upheld

On April 28, 2016, the Houston Court of Appeals for the 1st District denied Diamond Offshore Services’ request for a rehearing en banc, choosing to uphold the decision by a three-judge panel that had previously affirmed the verdict for a Doyle LLP client against Diamond Offshore Services in July 2015.

Willie David Williams is a Mississippi resident and was a long-time employee of Diamond Offshore Services. He worked as a mechanical supervisor and was in charge of making repairs to drilling and other oilfield equipment. While offshore near Egypt, Williams was on board the semi-submersible drilling vessel Ocean Lexington. He was instructed to quickly repair a set of hydraulic pipe elevators in order to avoid a shutdown in drilling operations. While attempting to repair the elevators, Williams heard a cracking sound in his lower back and immediately a felt sharp, radiating pain. Diamond Offshore Services’ violation of company protocol was evidenced in its failure to maintain the elevators, failure to provide sufficient time for repair, and failure to maintain a sufficient number of spare elevators in order to avoid a shutdown in drilling production. In fact, it was later shown that the elevators were in such bad condition that they could not be repaired and had to be scrapped.

In September 2013, a unanimous jury found that Diamond Offshore Services’ negligence and the Ocean Lexington’s unseaworthiness led to an unnecessary medical emergency and were direct sources of the permanent and disabling injuries that Williams sustained. Michael Patrick Doyle, the lead trial lawyer on the case, stated, “Diamond Offshore promises a comprehensive safety program, at least on paper, but the jury’s verdict confirms, in practice, that Diamond Offshore is ready to jettison these critical equipment and operational standards to avoid jeopardizing any financial penalties a shutdown would bring. The jury’s verdict supports the evidence of the company’s willingness to expose its own employees, rig, and the environment to potentially dangerous consequences.”

The 1st Court of Appeals upholding of the verdict is a significant step in obtaining the compensation that Williams and his family have long awaited and deserve. If you or someone you know has suffered an oilfield or maritime injury, you may also be entitled to compensation. Contact the experienced trial attorneys at Doyle LLP for more information and guidance on the legal options for your claim.

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Important Facts about the Jones Act

The maritime industry encompasses any business involved with the design, Doyle LLP Maritime Lawoperation, maintenance, or repair of sea vessels. Working in this industry can involve danger and risk, and employees who have experienced a work-related injury need to be aware of the Jones Act. This legislation protects the rights of maritime employees who have been injured due to work-related negligence.

Overview of the Process

The Jones Act is also called the Merchant Seaman Protection/Relief Act. Under this law, anyone working in the maritime industry can file to receive benefits, including lost wages and health care costs due to a work injury. This law also allows workers to file personal injury lawsuits to collect compensation for injuries.

Complexities of the Law

Confusion about the Jones Act Law is common after an injury. Experienced attorneys can provide guidance to help clients understand the law and the process of recovering damages. Contact our firm to receive information and assistance with a maritime injury. Receiving help with pretrial negotiation or courtroom litigation can be very advantageous for resolving an injury claim and receiving compensation. In the meantime, we offer the following advice to help you through the process.

Helpful Tips

The first step after an incident is to seek medical attention as soon as possible. Patients must also document all diagnostics, test results, diagnoses, and treatment, including prescribed medicine and therapy. Take concise notes outlining all communication and instructions from physicians.

It is important that you timely report the accident. The Jones Act requires employees to report the injury to a supervisor as soon as reasonably possible.

Consult an attorney regarding claim requirements to ensure compliance. Requirements define the type of employee eligible for benefits and what specifics comprise negligence. Then, explore settlement and trial options with the attorney.

Anyone injured in a maritime accident while working has the right to receive adequate and fair compensation for damages. At Doyle LLP, we have the expertise and knowledge to help clients explore their options for recovering damages.

Special thanks to NOAA Ocean Explorer for the image.

Maritime Personal Injury- Negligence

Doyle LLP Trial Lawyers has filed suit against Ariel of SW Florida LLC for negligence, unseaworthiness, and wrongful denial of maintenance and cure arising from a hand injury sustained upon the Defendant’s vessel that led to a serious bone infection.  At the time of the incident, Doyle LLP’s Client was working as a shrimp boat captain in the Gulf of Mexico.

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Maritime Personal Injury- Maintenance and Cure

Doyle LLP Trial Lawyers has filed suit against Ensco International Incorporated (“ENSCO”) for the wrongful denial of maintenance and cure arising from its failure to make payments after Doyle LLP’s Client contracted multiple sclerosis (“MS”) while onboard the vessel, the ENSCO-DS-5.  At the time of the incident, Doyle LLP’s Client was working as a galley hand in the Gulf of Mexico.

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Maritime Personal Injury- Negligence

Doyle LLP Trial Lawyers has filed suit against Oceaneering International Inc. and the Encore Group LLC for negligence, unseaworthiness, and wrongful denial of maintenance and cure arising from back, neck, and shoulder injuries sustained upon the Defendant’s’ vessel.  At the time of the incident, Doyle LLP’s client was working as a cook onboard Defendant’s’ vessel, the MSV Ocean Alliance.

Due to the lack of a proper ladder and other inadequate equipment, Doyle LLP’s Client sustained painful neck, back, and shoulder injuries. The suit alleges that the Defendants were negligent in creating the condition that caused its client’s injuries, and that the vessel, MSV Ocean Alliance, was unseaworthy because of its improper equipment.  The suit also alleges that Doyle LLP’s Client has been wrongfully denied maintenance and cure, a duty that every maritime employer owes to the members of its crew.

The suit seeks recovery of lost wages and medical expenses and compensation for pain and suffering, mental anguish, and physical impairment, among other damages.

Doyle LLP is a firm with years of experience in representing offshore maritime workers in cases involving negligence.  If you or someone you know has suffered an injury while working offshore on a platform, rig, or vessel, please contact us to determine whether you may be entitled to compensation.

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