HOUSTON — Kirby Offshore Marine in Houston is facing a claim it forced one of its crew members to work under harsh conditions immediately following his bout with COVID-19.
Linda Swibold, individually and as representative of the Estate of James Swibold, filed a complaint Dec. 16 in Harris County District Court against Kirbry Offshore Marine Operating LLC doing business as Kirby Offshore Marine LLC alleging negligence, unseaworthiness under the Jones Act and other claims.
According to the plaintiff's complaint, James Swibold was "an abled-bodied seaman working as part of the crew aboard the defendant's Senator Stennis vessel. The plaintiff claims that Swibold was ordered to work "under grueling" work conditions right after suffering a bout with COVID-19 and was caused to suffer five disc herniations which required surgery.
The plaintiff further claims Kirby failed to furnish James Swibold with a safe place to work and did not properly train him or provide him with proper tools, equipment or assistance. Also according to her suit, the plaintiff alleges James Swibold suffered lost wages and incurred medical treatment expenses and seeks maintenance and cure from the defendant.
The plaintiff seeks trial by jury, interest and all other just relief. She is represented by Brian Beckcom of VB attorneys in Houston.
Harris County District Court case number 2021-81717