Deckhand’s suit over falling out of bed dismissed

By David Yates | Sep 12, 2013

Plaintiff Maximo Schmidt, a deckhand who allegedly fell out of his bunk bed while serving aboard a dredge vessel, recently settled his lawsuit.

As previously reported, on Nov. 2, 2011, Schmidt filed suit against Mike Hooks Inc. in Jefferson County District Court, alleging the fall was “due to inadequate lighting.”

On Dec. 2, 2011, Hooks answered the suit, asserting Schmidt negligently injured himself by failing to exercise a degree of caution for his own safety, court records show.

Hooks’ answer further stated that Schmidt’s alleged injures arose out of certain risks that were plainly observable and obvious.

Nonetheless, on July 19 an unopposed motion to dismiss was filed, stating the parties had fully compromised and settled the controversy, court records show.

Four days later, Judge Donald Floyd, 172nd District Court, dismissed the case with prejudice.

The suit alleged that on Sept. 16, 2011, Schmidt was assigned to the dredge vessel and was performing his regular duties as a deckhand.

“Plaintiff seriously injured his back … when he fell out of his bunk-bed, due to inadequate lighting and a faulty bunk-bed support and ladder,” the suit states.

Schmidt alleged his injuries were the result of the defendant’s negligence.

He was suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Houston attorney Anthony Buzbee represents him.

Hooks is represented by Houston attorney Susan Wilson of the Spencer Crain Cubbage Healy & McNamara law firm.

Case No. E191-289

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