Case at a glance
- Recovery: $663,906.60 Judgment
- Injury: Arm, shoulder, and lower-back injuries
- Practice: Maritime Injuries
- Attorney: Brian Beckcom
An injury during offshore lifting work
Lamar worked for Diamond Offshore Management Company as a deck coordinator aboard the Ocean Spur, a jack-up drilling rig in the Gulf of Mexico. His job included handling equipment used in drilling operations.
He said he was putting a stabilizer into a work basket for a crane lift when the crane moved suddenly and the equipment pinned his arm. His claim concerned the way the lift was carried out, not simply the fact that an injury happened offshore.
Treatment and a disputed back injury
Lamar went to an emergency room with arm and shoulder pain and was initially diagnosed with a muscle strain. He later received orthopedic treatment and was released to light duty.
The medical evidence did not tell one simple story. One doctor could not determine the origin of his back injury. A neurosurgeon subsequently ordered an MRI, diagnosed a herniated lumbar disc, and recommended surgery. That physician testified about the proposed operation and its expected cost.
Brian presented the case under maritime law
Brian represented Lamar in Harris County district court in his case against Diamond Offshore. The lawsuit alleged negligence in the crane operation, an unseaworthy vessel, and a failure to provide maintenance and cure, including medical treatment.
The dispute required the jury to consider both responsibility for the incident and the employer’s obligations toward an injured seaman.
A judgment against Diamond Offshore, affirmed on appeal
The jury awarded $737,664 in actual damages and allocated negligence 90% to Diamond Offshore and 10% to Lamar. Comparative negligence means the injured person’s share of fault reduces the damages awarded against the defendant. The appellate opinion records a trial-court judgment of $663,906.60, plus post-judgment interest.
The jury found the vessel seaworthy. Although it found that Diamond Offshore had failed to provide maintenance and cure, it awarded no damages on that claim.
Diamond Offshore appealed, challenging the evidence connecting the incident to Lamar’s back injury and the allocation of negligence. The First Court of Appeals affirmed the trial court’s judgment on March 2, 2006.
Read the First Court of Appeals opinion in Diamond Offshore Management Company v. Horton.
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