PLAINTIFF EMPLOYEE SATISFIED THE “FEATHERWEIGHT” BURDEN OF PROOF OF CAUSATION UNDER THE JONES ACT AND THE FEDERAL EMPLOYERS’ LIABILITY ACT.
DIAMOND OFFSHORE MANAGEMENT COMPANY, Appellant v. LAMAR HORTON, Appellee
NO. 01-04-00438-CV
COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON
2006 Tex. App. LEXIS 1621
March 2, 2006, Opinion Issued
PROCEDURAL POSTURE: A jury awarded damages to appellee employee in a personal injury suit for negligence, unseaworthiness, and maintenance and cure under the Jones Act, 46 U.S.C.S. § 688. The 190th District Court, Harris County, Texas, denied appellant employer's motion for new trial, and the employer sought review.
OVERVIEW: The employee, a deck coordinator on an offshore drilling vessel, was injured when a pipe struck his arm. He initially complained of an arm injury, but a few months after the accident, he consulted a doctor, who testified that the accident also caused a herniated disc. In affirming the verdict, the court found that under the "featherweight" burden of proof of the Jones Act and the Federal Employers' Liability Act (FELA), the evidence was factually sufficient as to the causal connection between the accident and the back injury. The jury heard evidence that the employee was pinned by a pipe that weighed approximately 200 pounds, that the employee had passed a physical examination of his back before starting work, and that an MRI after the accident showed that his injury appeared to have been caused by some type of trauma. The court also found that the evidence was sufficient to support the jury's attribution of 10 percent of negligence to the employee, with the remaining 90 percent to the employer, even though the employee was experienced and the employer stressed that employees should avoid getting in positions where they could get trapped between two objects.
OUTCOME: The court affirmed the judgment of the trial court.
