A Houston-based marine company filed suit against a Florida man alleging fraud in his 2013 hiring and subsequent employment during 2014.
Genesis Marine filed a complaint against Randal S. Horr of La Belle, Fla. in the Houston Division of the Southern District of Texas on June 22, claiming willful misrepresentation in October 2013 and thereafter.
When Genesis interviewed him Oct. 3, 2013, Horr allegedly represented that he was fit and qualified to serve as an able-bodied seaman, stating that he had experience as a Coast Guard-licensed captain, The suit states that following training, Horr was assigned to a tugboat in Pilottown, LA on Dec. 6, 2013; and then reassigned to a vessel in Guayanilla, PR on Jan. 5, 2014.
According to the suit, Horr allegedly was injured while climbing out of his bunk on Jan. 6, 2014, although there were no witnesses; he was treated and released for light duty but refused assignment. Genesis states that Horr never showed up for follow-up medical appointments and believes that he has reached maximum improvement.
The complaint states that Horr’s apparent abandonment of his job, failure to keep appointments and refusal of work renders him ineligible for maintenance and cure. The plaintiff submits a declaratory judgment to obtain a ruling declaring that Genesis is not liable to the defendant for any damages sustained as a result of his alleged Jan. 6, 2014 injury.
The plaintiff is represented by F. William Mahley of Strasburger & Price in Houston.
Houston Division of the Southern District of Texas Case 4:15-cv-01770