Articles

Plaintiff, a diver and seaman, had an episode of decompression sickness while working for defendant. As a result of the sickness, he suffered serious, painful and permanently disabling injuries, including orthopedic, hyperbaric and psychological injuries. Plaintiff alleged defendant failed to provide a safe workplace, failed to provide or use proper equipment aboard the vessel, failed to provide a properly trained crew, failing to properly supervise plaintiff, failed to properly decompress plaintiff and failed to provide plaintiff with proper medical attention.

District court rendered a default judgment. On appeal, the 1st Circuit affirmed in part, reversed in part and remanded in part for a new trial on future lost income and future lost employer-paid fringe benefits.

The Supreme Court denied writs.

The final default judgment included $101,000 in past lost wages, $1,279 in past medical expenses, $250,000 each for past and future physical and mental pain and suffering, $150,000 for loss of enjoyment of life.

The award in the jury trial on future lost income and future lost employer-paid fringe benefits was $928,935 and included $882,500 for lost of wages or earning capacity and $46,435 for loss of employer-paid fringe benefits. Both economic loss awards were calculated from the day after the default judgment was rendered to work-life expectancy.

Oliver v. Cal Dive International, Inc., No. 108141, 16th JDC, St. Mary Parish, 8/11/05

Plaintiff's counsel: L. Clayton Burgess of L. Clayton Burgess, APLC, Lafayette; Kreig A. Breaux of Landry, Watkins, Repaske & Breaux, New Iberia

Plaintiff's experts: Glenn Hebert, vocational rehabilitation, Lafayette; R. Douglas Womack, Ph.D., economics, Lafayette