Claimant behind testicle injury lawsuit 'does not qualify as a seaman', original answer says

By John Suayan, Galveston Bureau | Aug 27, 2013

GALVESTON - G & H Towing Co. recently addressed a local seaman's $5 million lawsuit stemming from an alleged testicle injury.

Its original answer, filed Aug. 5, asserts that David Hall is responsible for the event last June in which part of an oxyacetylene torch "blew off" and struck him in the left testicle as he was repairing a pier.

The mechanic adds that he suffered more injuries to other parts of his body, accusing his employer of failing to maintain a safe workplace, failing to properly maintain its equipment and failing to safely operate.

He reportedly launched the litigation invoking the Jones Act to which the defendant counters he cannot as he "does not qualify as a seaman."

The three-page response explains that Hall's exclusive remedy instead would be for "benefits to which he may be entitled under the Longshore and Harbor Workers Compensation Act or the Workers Compensation Act of the State of Texas."

It adds the Galveston County 212th District Court, however, "lacks jurisdiction to adjudicate any dispute which may arise out of the plaintiff's claims for benefits as provided by those acts."

Attorney James R. Watkins of Royston, Rayzor, Vickery & Williams LLP in Galveston is representing the defendant.

Case No. 13-CV-950

More News

The Record Network