A Louisiana resident claiming he has personal knowledge of a seaman's injury will most likely give his testimony, thanks to a court order.
As previously reported, Christopher Burnette filed suit against CBH Services on June 15, 2011, in Jefferson County District Court, alleging the company should have supervised him when he fainted, fell and hit his head.
On Oct. 10 CBH filed a motion for a letter rogatory to take the deposition of Louisiana resident Matthew Roth, court papers show.
Judge Gary Sanderson, 6oth District Court, granted the motion the following day, requesting that a Louisiana district court subpoena Roth.
The deposition is slated for Nov. 16, the motion states.
Court records show that on April 26, C.B.H. filed an objection to venue and special pleas, requesting that the case be dismissed, asserting a former ship captain does not have a right to recover damages under the Jones Act and has already received compensation for his alleged injury.
“Defendant CBH also filed a plea to the jurisdiction and plea in abatement to this action in that the plaintiff received benefits for this alleged incident under the Longshoremen’s and Harbor Workers’ Compensation Act and therefore this claim is not proper … and the court lacks jurisdiction over this claim and the suit should be dismissed,” the objection states.
According to the original petition, on June 13, 2010, Burnette was employed as a captain for the defendant and serving aboard a ship when “he fainted and fell, hitting his head, back and neck.”
Burnette alleges C.B.H. Services negligently failed to supervise its crew, train employees and provide him with the proper safety equipment.
He is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Jason Itkin of the Houston law firm Arnold & Itkin represents him.
C.B.H. is represented by New Orleans attorney Salvador Pusateri.
Case No. B190-272