Case Results

• Brian A. Beckcom; Vujasinovic & Beckcom LLP; Houston, TX, for James St. Cyr
• Charles Livingston; Livingston & Associates; Houston, TX, for James St. Cyr
• Vuk S. Vujasinovic; Vujasinovic & Beckcom LLP; Houston, TX, for James St. Cyr

• Tom Mayor; Economics; Houston, TX called by: Brian Beckcom, Vuk Vujasinovic, Charles Livingston
• Alex Willingham M.D.; Life Care Planning; San Antonio, TX called by: Brian Beckcom, Vuk Vujasinovic, Charles Livingston

• Carey C. Jordan; Baker Botts LLP; null, null, for Aramark US Offshore Services Inc.
• Clare I. Cougill; Galloway, Johnson, Tompkins, Burr & Smith; Houston, TX, for Aramark US Offshore Services Inc., Abdon Callais Offshore LLC
• David James; Stevens, Baldo & Freeman, LLP; Beaumont, TX, for Aramark US Offshore Services Inc., Rowan Companies
• James M. Tompkins; Galloway, Johnson, Tompkins, Burr & Smith; Houston, TX, for Abdon Callais Offshore LLC
• James Bailey; Galloway, Johnson, Tompkins, Burr & Smith; Houston, TX, for Abdon Callais Offshore LLC
• Kristi L. Hamilton; Galloway, Johnson, Tompkins, Burr & Smith; Houston, TX, for Abdon Callais Offshore LLC
• Mark T. Freeman; Stevens, Baldo & Freeman, L.L.P.; Beaumont, TX, for Aramark US Offshore Services Inc., Rowan Companies
• Michael Rose; Stevens, Baldo & Freeman, LLP; Beaumont, TX, for Aramark US Offshore Services Inc., Rowan Companies
• Samuel W. Cooper; Baker Botts LLP; Houston, TX, for Aramark US Offshore Services Inc.
• Steven L. Roberts; Fulbright & Jaworski; Houston, TX, for Rowan Companies
• Tom Stilwell; Fulbright & Jaworski; Houston, TX, for Rowan Companies

• James Yaeger; Economics; Houston, TX called by: Mark Freeman, Michael Rose, David James, James Tompkins, James Bailey, Kristi Hamilton, Samuel Cooper, Carey Jordan, Steven Roberts, Tom Stilwell, Clare Cougill
• Terry Winkler M.D.; Life Care Planning; Kansas City, MO called by: Mark Freeman, Michael Rose, David James, James Tompkins, James Bailey, Kristi Hamilton, Samuel Cooper, Carey Jordan, Steven Roberts, Tom Stilwell, Clare Cougill
• Ronald Campana; Accident Investigation & Reconstruction/ Failure Analysis/Product Liability; Kenner, LA called by: James Bailey, Samuel Cooper, Mark Freeman, Kristi Hamilton, David James, Carey Jordan, Steven Roberts, Michael Rose, Tom Stilwell, James Tompkins, Clare Cougill
• Edward Webster; Marine; New Orleans, LA called by: James Bailey, Samuel Cooper, Mark Freeman, Kristi Hamilton, David James, Carey Jordan, Steven Roberts, Michael Rose, Tom Stilwell, James Tompkins, Clare Cougill

On the way back, St. Cyr claimed that the M/V Brod moved suddenly, causing him to fall down a stairwell leading to the crew quarters. He was evaluated by a passenger and released to go home to Houston.

More than a year later, after numerous sessions with doctors and physical therapists, St. Cyr had surgery on his lower back (Aramark declined to cover the surgery, contending that his condition was degenerative). In early 2006, St. Cyr was diagnosed with Cauda Equina Syndrome stemming from an infection that resulted from the first back surgery.

St. Cyr sued Aramark US Offshore Services under the Jones Act and general maritime law, and Rowan Companies and Abdon Caillas LLC, the owner of the M/V Brod, for violations of general maritime law. St. Cyr contended that his lower back condition was caused by the fall on the M/V Brod a year earlier, a fall that could have been prevented, he claimed, by Aramark, Rowan and Abdon Callais.

St. Cyr's counsel argued that Aramark, as his Jones Act employer, owed him a duty to provide a safe place to work. St. Cyr contended that Aramark's duty extended to providing a safe means of ingress and egress from the rig as well as a safe place to work on the ship of a third party even if Aramark had no control over the M/V Broad.

St. Cyr's counsel also argued that Aramark was responsible for dangerous conditions aboard third-party vessels, including the M/V Brod, if it knew or should have known of the dangerous condition. St. Cyr's counsel argued that Aramark had a duty of reasonable inspection, and it extended to an employer who sends employees aboard a third-party's vessel.

St. Cyr's counsel contended that Abdon Callais, as the owner and operator of the M/V Brod, owed him a duty of reasonable care under general maritime law. St. Cyr contended that Abdon Callais, as a water taxi company, had a unique responsibility to provide safe passage for the men and women transported offshore. St. Cyr contended that the stairwell he fell into should have had a chain or guard across the opening.

Aramark contended that it had no duty to its workers when they were on a vessel owned by a third-party. The company claimed that since it did not hire Abdon Callais, it had no duty to inspect the vessel. Aramark also contended that the vessel had been inspected by the U.S. Coast Guard four times and passed all four inspections. Thus, the company contended, it was safe and seaworthy.

Aramark contended that the doctor who performed the initial surgery was negligent for not following up with St. Cyr after the original surgery and for performing the operation at a hospital which had lost its accreditation because of a high infection rate.

Aramark also contended that the hospital was negligent in cuasing St. Cyr's initial surgical wound to become infected. Aramark maintained that it carefully coordinated St. Cyr's medical care hiring a professional nurse case management company to monitor and coordinate his treatment.

Abdon Callais contended that St. Cyr was not paying attention, possibly sleepwalking, and simply stumbled into the opening. Indeed, the accident report completed that day said at least one witness saw St. Cyr sleepwalking. Like Aramark, Abdon Callais contended that the vessel was seaworthy, as determined by the Coast Guard, and blamed St. Cyr's condition on the doctor and hospital. Abdon Callais contended that it was not required to have a chain or guard across the stairwell under any applicable regulation or by custom and practice in the industry.

Less than two months before trial, Aramark, Abdon Callais, and Rowan moved to designate the hospital where the surgery took place and the surgeon who performed the initial surgery as "responsible third parties."

St. Cyr opposed the motion, arguing that it was untimely, that the defendants had no evidence of medical negligence, and that federal maritime law trumped the Texas Responsible Third Party statute.

The trial court granted the motion to designate the hospital and doctor as responsible third parties but then struck the hospital after St. Cyr filed a no-evidence motion to strike.

A few weeks later, however, St. Cyr presented to a pain management doctor for further evaluation of neck problems and lower back pain that was radiating down both of his legs. He underwent physical therapy for about four months without resolving the pain. He was then referred to an orthopedic surgeon, who treated him conservatively for the next five months with a series of lumbar epidural steroid injections.

However, the steroid injections did not resolve the pain, so the surgeon recommended lumbar spine decompression surgery. St. Cyr sought approval for the surgery from Aramark, which hired an orthopedic surgeon to examine him. Aramark's doctor declined to approve the surgery after the doctor found that the injury was degenerative in nature.

On July 28, 2005, St. Cyr went ahead with surgery anyway, getting a right and left-sided L4-5 hemilaminectomy, discectomy and foraminotomy. His doctor declared the surgery a success, and he was discharged in stable condition, placed in a lumbar corset, prescribed pain medication, and instructed to do no heavy lifting or bending. He followed up with his doctor on Aug. 8 and found to be in good condition. The doctor recommended a course of physical therapy and a follow-up visit in six weeks.

Two weeks later, however, St. Cyr presented to an ER with complaints of a week-long fever, general weakness, back pain and body aches. A doctor diagnosed him with low blood sodium levels, fever and increased white blood cell count. St. Cyr was admitted after tests showed problems with his bone marrow.

A number of doctors evaluated St. Cyr over the next week, and one noted a small opening in his surgical scar with green purulent drainage. On Aug. 28, St. Cyr had surgery to irrigate and debride his lumbar spine. The surgeon found no evidence of an infection within the spinal canal itself, but there was infected tissue deeper in the wound, which was removed.

After discharge, St. Cyr followed up at an outpatient clinic and reported right-side back pain and, within a month of the second surgery, was back in the ER with severe back pain, fever and chills. He was diagnosed with spondylolysis and spondylolisthesis and had lost 50 pounds in the last two months. He was subsequently diagnosed with osteomyelitis of L4 with complete collapse of the L4 vertebral body, epidural abscesses in the L4-5 regions and a paraspinal abscess in the same region.

He had a biopsy of the L4 vertebrae and then underwent two surgical procedures, first to remove dead tissue and drain the epidural and paraspinal abscesses, and a second to stabilize the spine. He was transferred to long-term acute care and put on IV antibiotic therapy.

He was eventually diagnosed with Cauda Equina Syndrome, which occurs when a bundle of nerves in the lower back is compressed and paralyzed. The condition was caused by an infection that resulted from St. Cyr's first surgery in July 2005.

St. Cyr sought nothing for past medical expenses because Aramark, his Jones Act employer, paid them all. However, he did seek future medical expenses, and Alex Willingham, rehabilitation specialist, concluded that St. Cyr would need $2,097,008.

St. Cyr's condition prevents him from working. Tom Mayor, an economist, estimated that his past and future wage loss would be $245,000.

St. Cyr also sought unspecified damages for pain and suffering, mental anguish, disfigurement and loss of enjoyment of life.

The defendants contended that St. Cyr's injuries were not work-related and therefore not compensable. They also contended that the infection and doctor's negl
igence was a subsequent intervening cause or superseding cause of the low back condition. However, Terry Winkler, a spine rehabilitation specialist hired by the defendants, opined that St. Cyr's future medical expenses would be about $730,000. And James Yaeger, an economist hired by the defendants, opined that St. Cyr would lose about $205,000 in past and future wages.

The total settlement was for $1,495,000. The breakdown of how much each company paid was not available. St. Cyr initially demanded $11,342,633.

The case settled as a motion was pending before the Houston Court of Appeals on whether to push the trial date back. Aramark, Abdon Callais, and Rowan had requested a continuance shortly before trial, claiming that a new infection and complications that St. Cyr suffered a few months before the trial date justified a continuance. The trial court denied the defendants' motion for continuance and they sought mandamus relief from the appellate courts.