Ensco Offshore Co. has taken special exception to a lawsuit brought by deck foreman Joseph Irvin, asserting that the allegations in his Jones Act suit are "vague."
As previously reported, Irvin was attempting to attach a pallet jack to a crane when he strained his groin. Alleging the vessel he served aboard was unseaworthy, Irvin filed suit against Ensco on Jan. 24 in Jefferson County District Court.
Other than the vessel being unseaworthy, the suit fails to state how Ensco is negligently responsible for Irvin's injuries.
Court records show that on March 6 Ensco filed its answer and special exceptions, asserting that Irvin's suit fails to state how the vessel was unseaworthy, declines to plead exact damages sought and doesn't list the company's alleged negligent acts.
Ensco is asking the court to grant its special exceptions and that the plaintiff take nothing.
The lawsuit states that on Sept. 16 Irvin was serving aboard the Ensco 99, a flag jack-up drilling rig. While pulling on a pallet jack attempting to attach it to a crane, he injured his left groin, resulting in a strain and hernia.
"As a result of being immobilized due to pain ... plaintiff developed deep vein thrombosis, which eventually caused him to suffer pulmonary embolism," the suit states.
Irvin is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Houston attorney Richard Schechter represents him.
Houston attorney John Bridger of the Strong Pipkin Bissell & Ledyard law firm represents the defendant.
Judge Donald Floyd, 172nd District Court, is assigned to the case.
Case No. E191-795