Carol Ostrow Apr. 23, 2015, 2:15pm


GALVESTON – A Louisiana seaman is suing a Houston company for alleged negligence in 2014.

Johnathan R. Smith filed a lawsuit on April 17 against Eni U.S. Operating Co. Inc. in the Galveston Division of the Southern District of Texas, claiming liability based on a October 2014 workplace incident.

Smith was employed as a rigger for Performance Energy Services on an offshore platform in the Gulf of Mexico. According to court documents, faulty equipment fell and struck the plaintiff on or about Oct. 9, 2014, allegedly causing severe injuries.

Smith holds the defendant responsible for his injuries by reason of negligence, gross negligence and/or conditions attributable to it by failing to maintain the platform equipment in a reasonably safe condition or warning the plaintiff of the dangerous condition.

Additionally, the plaintiff contends that the defendant acted willfully and with malice or recklessness. Claiming pain and suffering; medical treatment and expenses; lost work time, wages and future earning potential; and disfigurement and impairment, Smith asserts that he is likely to suffer diminished capacity for his usual pursuits.

Citing the Outer Continental Shelf Lands Act, the plaintiff seeks: pecuniary and punitive damages; pre- and post-judgment interest; attorney’s fees; expenses; and costs. Smith is represented by Marcus Spagnoletti of Spagnoletti and Co. in Houston.

Galveston Division of the Southern District of Texas case no. 3:15-cv-00086.

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