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Date: 12-11-2024

Case Style:

Michael D. Bryant v. Helix Energy Solutions, Inc.

Case Number: 619811

Judge: Wilson E. Fields

Court: 19th Judicial District Court, East Baton Rouge Parish, Louisiana

Plaintiff's Attorney:


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Defendant's Attorney: Jame sW. Bearden, et al.

Description:


Baton Rouge, Louisiana personal injury lawyer represented the Plaintiff on a Jones Act claim.



In this matter, plaintiff-seaman filed suit against his employer under the Jones Act, seeking damages for injuries he sustained while working aboard a vessel. The suit was heard before a jury, and a judgment was signed on July 12, 2023, awarding damages to plaintiff. On appeal, plaintiff challenges the jury's allocation of fault as well as the amount of damages awarded. Defendant-employer answered the appeal also challenging the amount of damages awarded. For the following reasons, we amend the judgment to award damages for past medical expenses and, as amended, affirm the July 12, 2023 judgment.

FACTS AND PROCEDURAL HISTORY

In June 2011, Michael Bryant was employed as an assistant crane operator for Helix Energy Solutions, Inc. ("Helix") and was working on Helix's oil field construction and intervention vessel known as the Q4000 located in the Gulf of Mexico. Mr. Bryant arrived on the vessel in the afternoon of June 10,2011, to begin a 28-day hitch.[1] In the early morning hours of June 11, 2011, Mr. Bryant was ascending a ladder from the deck of the vessel to the crane platform when his foot slipped causing him to fall and land on a lower ladder rung with his left leg. After he fell, Mr. Bryant felt dazed, but he was able to finish his work day. Over the next few days, he began to experience increasing pain that started going down the backside of his leg. Mr. Bryant twice went to the medic on the vessel, and on the morning of June 15, 2011, he was transported by helicopter to Pelican State Outpatient Center in Harahan, Louisiana to seek further medical treatment. At Pelican, he was examined by two physicians who x-rayed his knee and lower back, advised him to continue taking Tylenol and ibuprofen, and referred him for further evaluation at home.[2]

On June 29, 2011, Mr. Bryant had an appointment with an orthopedic surgeon, Dr. Douglas Brown. Dr. Brown examined Mr. Bryant and reviewed an MRI of Mr. Bryant's back, which revealed a ruptured disc at the L5-S1 level of his lower back on the left side that was compressing his nerve root. Dr. Brown recommended surgery, and on July 6, 2011, Dr. Brown performed a microdiscectomy on Mr. Bryant.

On June 5, 2012, Mr. Bryant filed a "Petition for Damages" naming Helix as defendant and contending that Helix was negligent under the Jones Act for failing to provide him with a safe environment in which to perform his employment duties because scaffolding erected directly behind the crane ladder caused Mr. Bryant to slip, and Helix knew or should have known that the scaffolding created "a trip or slip hazard" to employees ascending or descending the ladder. In his petition, Mr. Bryant sought damages for the injuries he sustained on June 11, 2011, as well as punitive damages for Helix's failure to continue to pay maintenance and cure benefits.[3]

From January 23, 2023 through January 27,2023, this matter was tried before a jury.[4] At the conclusion of the trial, the jury returned a verdict finding Helix 60% at fault and Mr. Bryant 40% at fault and awarding Mr. Bryant $85,000.00 for past pain and suffering, $50,000.00 for past lost wages, and $20,000.00 for future medical expenses. The jury awarded no damages to Mr. Bryant for future pain and suffering or past medical expenses. Thereafter, Mr. Bryant filed a motion for judgment notwithstanding the verdict (JNOV). The trial court granted the JNOV in part, awarding Mr. Bryant $40,000.00 in future pain and suffering. A judgment in conformance with the jury verdict and partial JNOV was signed on July 12, 2023, in favor of Mr. Bryant and against Helix in the amount of $117,000.00.

* * *

Key Phrases Jones Act negligence. Comparative fault. Future medical expenses. Pain and suffering damages. Maintenance and cure termination.

Outcome: Amended and affirmed.

Plaintiff's Experts:

Defendant's Experts:

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