Netherlands-based company exonerated after two-week trial over worker’s injuries

Schouest, Bamdas, Soshea, BenMaier & Eastham PLLC (SBSB Eastham) has secured a defense victory for a Netherlands-based company sued by a longshore employee who claimed damages well into eight figures. That employee filed suit after she was injured at the Port of Houston.

After a two-week trial, a Harris County jury returned a verdict on the evening of January 23, exonerating the company of liability for the 2015 accident. A take-nothing judgment will be entered against the plaintiff.

Firm partners Robert L. Klawetter, Christina K. Schovajsa and Thomas M. Stanley, and associate Dylan Hoke, represented the manager of the heavy lift crane ship Fairload, sued by a longshore worker who was struck by a 14-ton spreader bar following a heavy lift cargo operation.

In the lawsuit, the plaintiff claimed to have received a traumatic brain injury that caused her to suffer from cognitive, neurological and psychological injuries and post-traumatic stress disorder. She also alleged orthopedic injuries to her cervical and lumbar spine.

The plaintiff filed suit against the vessel manager for recovery of personal injury damages under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act, including punitive damages for alleged gross negligence.

SBSB Eastham’s trial team, under the supervision of Mr. Klawetter, successfully argued that their client did not breach any of the Scindia duties owed by a vessel owner/operator under Section 905(b) of the act.

They also vigorously cross-examined seven expert witnesses called by the plaintiff to testify in the areas of heavy lift crane operations, vocational rehabilitation, neurosurgery, orthopedic surgery, psychiatry, psychology and economics.

SBSB Eastham attorneys also were granted a motion for directed verdict at the conclusion of the plaintiff’s case dismissing claims for punitive damages based on alleged gross negligence.

“We are very pleased with the jury’s decision,” said Mr. Klawetter. “We hope this verdict will convince others that with careful and thorough preparation, it is still possible for a corporate defendant to obtain justice in a serious personal injury case in Harris County.”

The case is Franchae Norman v. Jumbo Offshore USA, LLC, Cause No. 2017-14082, in the 334^th Judicial District Court of Harris County, Texas.

SBSB Eastham is a group of experienced attorneys who have come together to form a law firm focused on client needs. The firm’s goal is to be the go-to resource at every stage of the legal process, bringing deeper experience, deeper commitment and deeper insights to help solve the most complex issues. In consultation or in the courtroom, the firm will aggressively pursue a client’s best interests. For more information about the firm and its team of attorneys, visit www.sbsb-eastham.com.

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