Archives – October, 2015

Engineering Expert Aids in Multi-Million Dollar Verdict for TX Crane Operator

Originally published on: VerdictSearch.com

Offshore worker’s foot crushed when cable snapped, block fell

Amount: $2,809,898.72

Type: Verdict-Plaintiff

State: Texas

Venue: Harris County

Court: Harris County District Court, 152nd

Injury Type(s):

back-herniated disc(herniated disc at L4-5); lumbar(herniated disc at L4-5)
other-plate
other-laceration
other-arthrodesis
other-physical therapy
other-pins/rods/screws
other-hardware implanted
foot/heel-heel
foot/heel-fracture(fracture, metatarsal); foot(fracture, metatarsal)
foot/heel-Lisfranc injury
foot/heel-crush injury; foot
foot/heel-fracture(fracture, calcaneus/heel); heel/calcaneus(fracture, calcaneus/heel)

Case Type:

Worker/Workplace Negligence - Worker/Workplace Negligence, , Worker/Workplace Negligence, Labor Law, Worker/Workplace Negligence, Oil Field, Worker/Workplace Negligence, Negligent Maintenance

Case Name: Luke Meyers v. W & T Offshore, Inc., No. 2012-74366

Date: August 27, 2015

Parties

Plaintiff(s):

Luke Meyers (Male, 52 Years)

Plaintiff Attorney(s):

Kyle Findley; Arnold & Itkin LLP; Houston, TX, for Luke Meyers
Cesar Tavares; Arnold & Itkin LLP; Houston, TX, for Luke Meyers

Plaintiff Expert(s):

Angel Roman ; MD ; Physical Medicine; San Antonio, TX called by: Kyle Findley, Cesar Tavares
Edward Ziegler ; P.E., C.S.P. ; Accident Reconstruction; Houston, TX called by: Kyle Findley,Cesar Tavares
Kenneth McCoin ; Ph.D. ; Economics; Houston, TX called by: Kyle Findley, Cesar Tavares


Defendant(s):

W&T Offshore Inc.

Defense Attorney(s):

Kelley J. Friedman; Johanson & Fairless; Houston, TX, for W&T Offshore Inc.
Randy L. Fairless; Johanson & Fairless; Sugar Land, TX, for W&T Offshore Inc.

Defendant Expert(s):

Matthew Gardiner; Engineering; called by: Kelley J. Friedman,Randy L. Fairless


Insurer(s):

Travelers Property Casualty Corp.

Facts:

On May 12, 2011, at approximately 8 a.m., plaintiff Luke Meyers, a 52-year-old crane mechanic, was performing maintenance on a crane that was located on an offshore oil and gas production platform (West Cam 610), in the Gulf of Mexico, off of the coast of Louisiana. While he was working, a holding a 67-pound , causing the to approximately 60 onto his left , which was . Meyers sued the owner/operator of the oil production platform, W & T Inc., for negligent maintenance. Meyers claimed that six months earlier, he had informed the defendant that the crane line was in need of replacement due to deficiencies that could potentially arise due to the ‘ life expectancy. The plaintiff contended that pursuant to industry standards, crane need to be replaced for preventative maintenance once every three years, because such can develop hidden defects. The plaintiff argued that six months and 19 days prior to the subject accident, he had recommended the subject be replaced pursuant to industry standards, and that the defendant had knowingly allowed a dangerous condition to exist on their property. Plaintiff’ counsel also argued that the order for a new the defense claimed existed did not feature a receipt. The plaintiff’ expert engineer testified that it was the defendant’ obligation to make sure the platform was maintained properly; that Meyer should not have had to take extra precautions; and that the crane should have featured a secondary constraint. The defense contended that an order for a new had been approved, and a ticket approving this order had been signed by a contracted supervisor on the platform, as well as a supervising W & T employee. The defense argued that while a recommendation had been made for replacement of the , it was still in technical working order, and met such requirements as to continue using it. The defense also contended that Meyers could have prevented the accident from occurring by refusing to work on the crane while it was in operation. The defense argued that if Meyers knew the crane may have deficits due to his own inspection of the , he should have taken more precautions in working on the crane, or should have refused to perform work on it. The defendant’ expert engineer testified that Meyers had not performed an adequate inspection of the crane in October 2010, as he did not recognize any defects in the at that time. He also testified that the could have had hidden defects, and that Meyers should have taken extra precautions while working on or near the crane, or recommended the crane be taken out of service, if he knew the had exceeded its life span.

Injury:

Meyers suffered a crush injury of his left foot. He was taken by helicopter to Lafayette General Medical Center in Lafayette, La. X-rays showed crush fractures to the metatarsal bones and lisfrac joint, as well as a crack to the left heel. Meyers also suffered a laceration to the left side of the foot, where his skin split due to force. This laceration was sutured, and Meyers was released with a modified walking boot and crutches for ambulation, as well as orders to let the injury attempt to heal, and to follow up with an orthopedic surgeon.

Approximately three weeks following the accident, Meyers began physical therapy that lasted five weeks, and included sessions three times per week.

Meyers presented to an orthopedic surgeon every six to eight weeks, and presented to a second orthopedic surgeon for a second opinion approximately eight months after the accident. This second orthopedic surgeon recommended Meyers undergo surgery to repair the fractures in his foot due to their failure to heal.

Meyers began to complain of back pain six weeks following the subject accident, and underwent a lumbar MRI. It revealed a disc herniation at the L4-5 level, for which was treated with home exercises.

Meyers underwent surgery to repair his foot fractures. This included the use of a plate and screws for stabilization of the bones. He underwent four more weeks of physical therapy, three times per week, following surgery.

Meyers claimed that he will need a one-level discectomy and fusion surgery at L4-L5. Other future needs included periodic MRIs and orthopedic appointments, as well as prescription medication.

He walks with a limp and claimed that the injuries have impaired his ability to walk on inclines and on stairs.

Meyers’ treating pain management doctor testified that he could no longer work in a heavy labor occupation as he had previous to the accident, and that future work would need to be sedentary.

Meyers sought recovery of damages totaling $2,809,898.72, including $180,463 for past lost wages; $707,129 for future lost wages; $66,074.93 for past medical costs; $306,232.09 for future medical costs; $300,000 for past pain and suffering; $500,000 for future pain and suffering; $250,000 for past physical impairment; and $500,000 for future physical impairment.

Result:

The jury placed 100% negligence on the defendant. The jury awarded Meyers $2,809,898.72.

Luke Meyers

$66,075 Personal Injury: Past Medical Cost

$306,232 Personal Injury: Future Medical Cost

$250,000 Personal Injury: Past Physical Impairment

$500,000 Personal Injury: Future Physical Impairment

$180,463 Personal Injury: Past Lost Earnings Capability

$707,129 Personal Injury: FutureLostEarningsCapability

$300,000 Personal Injury: Past Pain And Suffering

$500,000 Personal Injury: Future Pain And Suffering

Actual Award: $2,809,898.72

Trial Information:

Judge: Robert Schaffer

Demand: $430,000

Offer: $250,000 (Revoked before trial)

Trial Length: 7  days

Trial Deliberations: 1.5  hours

Jury Vote: 11-1

Jury Composition: 8 Female 4 Male

Editor’s Comment:

This case was written suing information provided by plaintiff’s counsel. Defense counsel did not respond to reporters requests for information.

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