$3.2 Million Verdict for Jones Act Client Hurt During Basket Transfer Operation

On May 1, 2023, our trial attorneys Daniel Sheppard and Hogan Leatherwood at Morrow & Sheppard, LLP and Brilliant Clayton at Clayton Frugé Ward won a unanimous jury verdict in a Jones Act case in Baton Rouge, Louisiana. The 9-person jury held Defendants REC Marine Logistics, LLC and Offshore Transport Services, LLC must pay a judgment amounting to $3.2 million that, with interest, costs, and attorneys’ fees, could exceed $4 million.

What Happened?

In May 2018, our client (a deckhand) was injured while working aboard the M/V Dustin Danos. He was smashed between a personnel basket and a conex box during a personnel basket transfer operation. The incident was witnessed by a fellow deckhand that testified that the captain put the vessel controls in forward motion and stepped away while the personnel basket operation was taking place. The witness further testified the captain had been using his phone while the operation was taking place. After the incident, our client approached the captain to discuss what happened and the captain claimed he did not see anything.

The jury found our client and the eyewitness to be credible and determined that our client suffered injuries to his shoulder and neck as a result of the Incident:

Additionally, the jury found that REC Marine Logistics, LLC’s negligence and the unseaworthiness of the M/V Dustin Danos were causes of the injuries to our client:

The Defense

At trial, REC Marine Logistics, LLC and Offshore Transport Services, LLC claimed the witnessed incident never occurred and blamed our client’s injuries on (a) a car crash from the 1990’s, (b) a car crash from 2013, (c) an incident where our client bumped his shoulder, and (d) post-incident falls. REC Marine Logistics, LLC and Offshore Transport Services, LLC further claimed that our client’s neck injury went unreported for a year (which was false). The evidence introduced at trial proved that our client reported his neck pain before he received treatment from an orthopedic surgeon:

However, REC Marine Logistics, LLC and Offshore Transport Services, LLC refused to face the truth that our client’s neck pain was documented early on. REC Marine Logistics, LLC and Offshore Transport Services, LLC’s alternative theories all failed to sway the jury.

The Verdict

The jury found REC Marine Logistics, LLC 70% responsible and Offshore Transport Services, LLC 20% responsible.  

The jury awarded our injured client $1.7 million dollars for his pain and suffering, mental anguish, lost wages and earning capacity, and medical expenses. The jury also found that REC Marine Logistics, LLC owed our client past/future maintenance and cure benefits and acted unreasonably, willfully, wantonly, and arbitrarily in failing to provide our client maintenance and cure and awarded $1.5 million in punitive damages:

The judgment, including interest, costs, and attorneys’ fees, could exceed $4 million.

The Jones Act case is Griffin v. REC Marine Logistics, LLC et al.; No. 3:20-cv-00092-BAJ-EWD; In the United States Court Middle District of Louisiana.