Archive for October, 2010
Doyle Raizner Wins Jones Act Suit Against Weeks Marine
Doyle Raizner LLP secured an award in arbitration in favor of our client, a Jones Act seaman who fell from a compressor during loading operations aboard a supply barge which was working with the dredge Weeks Venture. On October 28, 2010, a panel of arbitrators appointed by the American Arbitration Association issued an award in favor of the seaman, who suffered a broken wrist and lumbar spine injuries from the accident, which he suffered while serving as a Leverman/Deck Captain working with the dredging vessel. The arbitrators found that the seaman’s employer, Weeks Marine, was guilty of negligence under the Jones Act due to its failure to provide fall protection, eliminate a trip hazard caused by a hose that was coiled and placed on top of the compressor, and follow its own safety manual.
The award came after four years of fighting by Weeks Marine, which attempted to avoid any responsibility for the incident. Weeks Marine’s excessive dispute and delay included two appeals the company made to the Texas Supreme Court, an attempt to obtain an injunction halting the seaman’s medical treatment, and other tactics found to be unconscionable and deceptive.
“We are pleased that after so many attempts to evade responsibility in this case that Weeks Marine has been held accountable for its actions, and our client can finally have justice in his case,” said Patrick Dennis. Mr. Dennis served as lead counsel for the arbitration.
The panel found that the seaman had sustained $924,184.90 in compensatory damages. This amount was reduced based upon a finding that the seaman was 50% contributorily negligent. Doyle Raizner was proud to hold Weeks Marine accountable and enforce the rights of our client.
TTLA Submits Amicus Brief Supporting Timothy Ruttiger
The Texas Trial Lawyers Association (TTLA) has filed an amicus brief with the Texas Supreme Court on behalf of Timothy Ruttiger.
Doyle Raizner LLP represents Mr. Ruttiger in a bad faith workers’ compensation claim against Texas Mutual Insurance Company. Mr. Ruttiger was injured in July 2004 while he was working as an electrician’s helper. Texas Mutual wrongfully continued to deny medical care and income benefits, leading to financial hardship and continuing medical problems.
Doyle Raizner originally filed suit against Texas Mutual in 2005 in Texas’s 122nd Judicial District in Galveston County, obtaining a favorable jury verdict in the case. Since then, Texas Mutual has continued to delay benefits and care to Mr. Ruttiger by seeking appeal.
TTLA was compelled to file the brief because of their numerous concerns with the fairness of the Texas workers’ compensation system and a lack of accountability that allows workers’ compensation insurers to take advantage of injured employees. The Texas Supreme Court heard oral arguments in the case in April 2010. The parties are currently awaiting the court’s decision.
Agreement Reached in Maritime Injury Case Originating on the Jillian Morrison
Doyle Raizner LLP is proud to announce that a settlement in two Jones Act claims was reached with Chet Morrison on behalf of two seamen who were injured in March 2008 when the Jillian Morrison exploded off of the coast of Louisiana. As a result, the seamen suffered from spinal injuries and post traumatic stress disorder. The agreement, which involves a confidential sum of money, recognizes that Chet Morrison failed to take proper precaution in the storage of explosive gas aboard the vessel.
Both cases were pending in Harris County District Court. One was before the Honorable Bill Burke in the 189th District Court, and the other was before the Honorable Sharon McCally in the 334th District Court.
Doyle Raizner wins in suit by Texas Mutual Insurance Company
Today, the Honorable Judge Michael Gomez in the 129th District Court of Harris County granted summary judgment for Doyle Raizner client Ronald Jerrols in a suit against him by Texas Mutual Insurance Company, his employer’s workers’ compensation insurance carrier.
Texas Mutual had sued Mr. Jerrols seeking reimbursement for medical and income benefits it was ordered to pay Mr. Jerrols by the Texas Department of Insurance, Division of Workers’ Compensation. Mr. Jerrols and several of his co-workers were severely injured on the job when their company van collided with an 18-wheeler nearly two years ago. Since that time, Mr. Jerrols and the other accident victims have been fighting for the benefits they were rightfully owed under their employer’s insurance policy – benefits that even the employer’s representative wants paid.
Texas Mutual, however, maintains that the men were not in the course and scope of their employment at the time of the accident and therefore were not entitled to their employer’s workers’ compensation coverage.
The favorable ruling for Mr. Jerrols in today’s summary judgment hearings disposes of Texas Mutual’s argument and shows that Texas Mutual did not even have enough facts to support its denial of Mr. Jerrols’s claim to warrant taking the matter before a jury.
Doyle Raizner is pursuing a separate action against Texas Mutual on Mr. Jerrols’s behalf for insurance bad faith for this wrongful denial and delay of his workers’ compensation coverage.
Matthew Finkelstein joins Doyle Raizner LLP
Matthew Finkelstein recently joined Doyle Raizner in Houston as an associate. Matthew is licensed to practice law in both Texas and Louisiana. Prior to joining the firm, Matthew practiced personal injury and workers’ compensation law in Houston. Matthew will work on the firm’s bad faith, personal injury, and maritime injury dockets.
Matthew is a 2009 graduate of Tulane University Law School and a 2005 graduate of the University of Texas at Austin. His full bio can be found at http://www.doyleraizner.com/Attorneys/Matthew-S-Finkelstein.shtml.
Doyle Raizner Files Bad Faith Case Against Travelers Indemnity Company
On October 19, 2010, Doyle Raizner filed a lawsuit in Dallas County on behalf of an electrical worker who injured his foot while working on a ladder running conduit. The lawsuit was filed against the insurance carrier, The Travelers Indemnity Company, and its adjuster for their wrongful denial of his medical and income benefits after a clear on-the-job injury. With no supporting evidence, this insurance company and adjuster took the position that the electrical worker was not injured on the job. Travelers and its adjusters were subsequently ordered by the Texas Department of Insurance-Division of Workers’ Compensation to pay benefits. Unfortunately, the delay in payment of benefits caused significant harm to the injured worker from which he is still fighting to recover. Doyle Raizner is proud to represent the injured worker against Travelers and its adjuster.
Settlement of Business Interruption Lawsuit for Cordua Restaurants Announced
Doyle Raizner LLP is pleased to announce the settlement of a lawsuit filed on behalf of Cordua Restaurants arising out of their business interruption claimsfollowing Hurricane Ike. The lawsuit was settled for a confidential sum. The suit asserted that Cordua’s insurers and their agents had failed to procure the business interruption insurance requested by Cordua, leaving restaurant chain without the correct insurance coverage. Following Hurricane Ike, like many local businesses, the Cordua restaurants found themselves without power and employees for an extended period of time, and counted on their insurance company to honor its insurance contract and promises. The settlement came days before trial was to begin in Harris County district court before Hon. Alexandra Smoots-Hogan.
Cordua Restaurants is a locally owned business founded by Michael Cordua and operates seven restaurants, including America’s, Churrasco’s, Amazon Grill and Artista.
Qarmat Ali Litigation Spurs Legislative Action to End or Limit Contractors’ Indemnity Deals
The National Guardsmen who are standing up to KBR in their lawsuits against the private military contractor for exposing them to sodium dichromate contamination at the Qarmat Ali Water Treatment Plant in Iraq in 2003 are inspiring real action. United States Representatives Earl Blumenaur and Kurt Shrader and Senators Ron Wyden and Jeff Merkley from Oregon have introduced legislation in both houses that would revoke contractual immunity for private military contractors’ misconduct and limit any such immunity in future agreements.
Several Oregon National Guardsman, among others, were exposed to dangerous levels of the known carcinogen sodium dichromate at Qarmat Ali, an Iraqi water treatment facility that KBR was paid handsomely by the United States to refurbish in 2003 as part of Project Restore Iraqi Oil (“RIO”). KBR hid, downplayed, and may have even exacerbated the contamination. Two soldiers have passed away due to chemical poisoning, and several others have been sickened.
Even though KBR’s profits for its work at Qarmat Ali were funded by taxpayers, a KBR attorney’s testimony in the litigation revealed that KBR’s deal was still sweeter – the KBR attorney even managed to squeeze out a secret agreement with the United States that would make taxpayers liable for deaths, injuries and property damage caused by KBR.
Efforts to get the whole truth about KBR’s sweetheart deal to put taxpayers on the hook for its own misconduct are ongoing. But the proposed legislation by the Oregon delegation represents significant action on behalf of the soldiers who served at Qarmat Ali and American taxpayers.
