Seaman trips on trash, sues for $1.5 M

David Yates Aug. 1, 2007, 10:52am

Anthony Buzbee

Eric Lozano's fellow ship mates evidently didn't catch the slogan: "Don't mess with Texas." Lozano is suing his employer for $1.5 million, plus court costs, claiming he tripped and fell on some trash.

Attorney Anthony Buzbee filed Lozano's personal injury lawsuit against King Fisher Marine Service with the Jefferson County District Court on July 31.

According to the plaintiff's original petition, on July 25, 2007, Lozano was working aboard the vessel Leonard Fisher when "he tripped and fell on trash that had been left on the vessel, landing on his left shoulder and back."

"As a result, Lozano sustained severe injuries to his left shoulder, neck, back, and other parts of his body," the suit said. "Lozano's injuries and resulting treatment were caused in whole…by the negligence of King Fisher, its employees and…the un-seaworthiness of the vessel."

The suit does not describe how trash aboard a vessel causes it to become un-seaworthy

"Lozano has suffered physical pain and mental anguish and, in reasonable medical probability, will continue to do so for the balance of his natural life," the suit said. "As a result of the foregoing injuries, plaintiff has suffered a loss of wages in the past…and, in reasonable probability, his earning capacity has been impaired permanently."

With offices in Galveston and the Rio Grande Valley, the Buzbee Law Firm handles Jones Act, maritime, personal injury, wrongful death and commercial lawsuits in state and federal courts in the state of Texas, the firm's Web site said.

Judge Bob Wortham, 58th Judicial District, will preside over the case.

Case No. A179-734

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