Jones Act Lawyer: Oil Company Wrongly Called Seaman “Land Based” Worker
In many cases, where a seaman has been a long time working for a single employer, there’s some evidence that they are at most risk of injury, in the year before their retirement. In the following case, the help of a Jones Act lawyer helped protect the retirement plans of an injured seaman and his family. Henry Lennon and his wife, Diane, consulted with a Jones Act lawyer, who then brought a lawsuit against a major international oil company, under the Jones Act. After the trial, the Lennon’s Jones Act lawyer had secured for them a judgment for $759,906.92 in damages. The oil company appealed whether Lennon was really a “seaman” under the Jones Act.
The Jones Act lawyer noted that Lennon worked for the oil company 15 years before receiving a disability retirement. Up until retirement, the employer even recognized him as a “safe and conscientious worker.” Lennon’s pre-retirement job was as a Senior Operator. This position, noted the Jones Act lawyer later, was work that also emphasized safety practices, and Lennon worked in the important slot for almost the last seven years of his career. As Senior Operator, Lennon was responsible for inspecting, testing, and maintaining various off-shore wells and tank batteries. Lennon took daily excursions using a Joe boat called the Tortoise. During Lennon’s days off, other Operators would use the Tortoise, but the boat was navigated only by Lennon while he was working. The Jones Act lawyer was to use this fact in an important way.
Jones Act Lawyer Investigated, Proved “Extensive” Time Spent Aboard Vessel
Lennon worked five, eight-hour days each week. He lived on land with his wife and went home every night. It was true, observed the Jones Act lawyer, that Lennon started most mornings inside an office, with a safety meeting. The time these activities took varied, from 20 minutes to an hour, showed the Jones Act lawyer. Afterwards, Lennon would immediately board the Tortoise.
Lennon was asked by his Jones Act lawyer to describe in detail the routine after leaving the dock. In one oil field, Lennon might need to check four or five wells, and one tank battery, every day. In other fields, Lennon would only visit the wells and batteries “when there was a problem.”
Lennon also testified, in answer to his Jones Act lawyer, that his job required navigating various bodies of water including lakes, bayous, canals, and bays. He often encountered traffic from barges, tug boats, crew boats, outboards, and commercial fishing boats. He told the Jones Act lawyer how important it was “to know the area thoroughly,” in order to “avoid water hazards and navigate” traffic. These tasks, emphasized the Jones Act lawyer, were all consistent with many a seaman’s navigation duties. In order to avoid crashing into platforms, Lennon had to pay attention to currents while docking, showed the Jones Act lawyer. Lennon was familiar with alternate routes to use during low tide and bad weather. Mr. Adams, an executive with the employer, conceded on cross-exam by the Jones Act lawyer that it was [the employer’s] policy that operators (such as Lennon) learn company marine safety rules and marine piloting rules. Joe Presley, Lennon’s former supervisor, testified to the Jones Act lawyer that Lennon “could not do his job without a boat.” Mr. Adams also conceded to the Jones Act lawyer as to how Lennon would spend at least three and one half hours of a shift actually traveling in the Tortoise.
Jones Act Lawyer Disproved Employer Claim Of Work As “Land Based”
The oil company, noted the Jones Act lawyer, tried to say Lennon’s duties were consistent with a “land-based worker,” who used a boat “merely as transportation,” and didn’t do a “substantial amount” of his work aboard the boat. The Jones Act lawyer even noted that the trial court had carefully said, “Water travel, alone, does not create seaman status.” This suggested the trial judge had carefully considered the evidence of both the Jones Act lawyer and the employer.
But the Jones Act lawyer had shown a pattern of heavy, consistent vessel use by Lennon. For example, the Jones Act lawyer concluded by stressing how the Tortoise was assigned to Lennon. The evidence by the Jones Act lawyer established the Tortoise was the only boat Lennon used. The Tortoise was specifically equipped for the job Lennon performed as Senior Operator, observed the Jones Act lawyer. Lennon used the Tortoise as a workplace, as well as for transportation.
In view of the crucial testimony offered through the Jones Act lawyer, the appeals court said it had been reasonable for the trial court to agree…Lennon certainly qualified as a seaman under the Jones Act. The seaman’s verdict was upheld.
In many cases of a seaman’s injuries, there is a series of accidents over a career. An experienced Jones Act lawyer can study the possible links of these incidents, and help to decide appropriate legal liability. As in this case, the Jones Act lawyer had a seaman’s successful, fifteen year career to review, and the seaman (and his wife) wisely, and soon after becoming aware of a number of health issues the husband faced, sought the advice of a Jones Act lawyer.