Sweeney v. Boone Towing, Inc. & Buffalo Marine Service, Inc.
N/AOUTCOME: Verdict for Defendants on liablity issues: $1620.00 awarded to Plaintiff on maintenance and cure claim
Jones Act personal injury case filed in the 133rd Judicial District Court of Harris County, Texas. Mr. Knight represented the Defendants. The Plaintiff claimed to have slipped and fallen on a tank ... barge. Plaintiff was a tankerman and a Jones Act seaman. Plaintiff claimed disabiling injuries to his cervical and lumbar spine as a result of the incident. Defendants argued the incident did not occur as alleged, that Plaintiff, as a tankerman, was responsible for the condition of the tank barge at issue, and that Plaintiff's version of events did not comport with independent factual data, such as weather data. Defendants also obtained surveillance footage of Plaintiff behaving inconsistent with his alleged physical limitations. The case was tried to a Jury in February 2011. Plaintiff demanded $1.3 million in economic damages and an unspecified amount for non-economic damages, such as pain and suffering. The Jury deliberated for less than 2 hours before returning its verdict: no liability for the Defendants on Jones Act negligence or unseaworthiness. Defendant Boone Towing, Inc. was found liable for a small amount of past-due maintenace benefits.
