Case at a glance
- Recovery: $4.75 Million Settlement
- Injury: Spinal cord injury and partial paralysis
- Location: Corpus Christi, Texas
- Practice: Maritime injury law
- Attorney: Brian Beckcom
A seawall job changed the course of his life
On August 8, 2015, Jose was working for Russell Marine on a project along the Corpus Christi ship channel. His crew normally worked from the company’s barges, transporting materials and performing marine construction. That afternoon, they were called over to help with work on a concrete seawall.
A long, heavy tie rod had become stuck. The crew was using a track hoe to lift and rotate it into position. The rod became unstable and fell, striking Jose before he could get out of its path.
Jose remained conscious but could not move normally. An ambulance took him to Christus Spohn Hospital Memorial. He suffered a spinal cord injury and partial paralysis. His treatment included spinal surgery, a week in intensive care and more than two months of hospitalization and rehabilitation.
The company disputed whether he was a seaman
Brian Beckcom represented Jose in his case against Russell Marine. The company disputed Jose’s status as a seaman and his right to bring a Jones Act claim.
That dispute required Brian to reconstruct Jose’s work history. The injury happened while Jose was helping with a task on land, but his regular assignments involved the company’s barges, skiffs and tugboats. Brian focused on the work Jose actually did over time, including how much of it took place on the water.
Brian obtained accounts from Jose’s supervisor and a coworker describing their barge-based assignments. His supervisor said Jose had been working on the water with him for a year or more. A coworker described jobs performed predominantly from the barges, including remaining aboard while tugboats moved them between locations.
Those accounts gave Brian specific evidence to support Jose’s maritime claim. He also examined the company representative’s testimony about its fleet and its lack of records tracking Jose’s vessel assignments.
Reconstructing the lift and the injuries
Brian’s team examined how the tie rod was secured and how the track hoe was operated. Jose described a rod tied only at its center rather than secured at multiple points. The team preserved his damaged helmet and gathered accounts from people at the worksite.
The case also required a detailed account of Jose’s future. A rehabilitation specialist evaluated his continuing care needs, including medical treatment, therapy, assistance and transportation. An economist calculated lost earnings. Together, the claimed future-care costs and lost earnings exceeded $3 million.
Brian also challenged the completeness of surveillance footage the defense produced near the discovery deadline. He sought the full recordings, the investigators’ files and testimony about what they had recorded. The purpose was to evaluate the footage in context rather than let selected moments stand alone as a measure of Jose’s ability to work.
A $4.75 million settlement
VB Attorneys obtained a $4.75 million settlement for Jose. The case brought together the evidence of a failed lifting operation, the work history supporting his maritime claim and the long-term consequences of his spinal cord injury.
Jose’s claim included the care he would need after rehabilitation, the income he could no longer earn and the effect of partial paralysis on daily life. The settlement resolved those claims.
Questions about the case
Related legal help
Learn about maritime injury claims and Jones Act cases, or read about a seaman injured during vessel work.
To speak with Brian Beckcom about an injury at work, call 877-724-7800 for a free consultation.
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.