Luis, a member of the Seafarers' International Union, was working as a crew member aboard the M/V GREEN COVE near Hawaii when he was making the Captain's bed and hurt his lower back.
Luis asked the company to pay him maintenance and cure, as required by the Jones Act, while he recovered from his injury. The company initially paid Luis some maintenance and cure, but then had him seen by a company doctor. The company doctor wrote a report minimizing Luis' injury. After that, the company cut off Luis' maintenance and cure payments.
Luis hired VB Attorneys to handle his claim, who promptly filed the lawsuit in Harris County, Texas, against the following companies:
- International Shipholding Corporation
- Central Gulf Lines, Inc.
- LMS shipmanagement, Inc.
These companies hired Luis in a union hiring hall in Houston, Texas, based on a contract they had with the Seafarers' International Union.
Initially, the companies filed a "special appearance," arguing that they were not subject to the jurisdiction of Texas state courts. VB lawyers defeated this motion, and the case remained in Texas state court.
VB lawyers developed the case, and proved that Luis was entitled to continuing maintenance and cure payments, to include a potential low back surgery, as diagnosed by Luis' own doctor. The companies agreed to pay a confidential amount to settle Luis' case. Luis was very happy with his settlement.