A Texas resident has filed a lawsuit against three companies for severe injuries sustained while working as a crane operator on a barge. On June 25, 2024, Frank Esquivel lodged his complaint in the District Court of Harris County, Texas, accusing MARMAC LLC, LA Carriers LLC, and State Service Co., Inc. of negligence and seeking over $2 million in damages.
According to the complaint, Esquivel was employed by BIC Contractors LLC and assigned to work on the barge MARMAC 25 on June 10, 2024. The barge is owned by MARMAC LLC and operated by LA Carriers LLC. At the time of the incident, it was docked at a facility owned by State Service Co., Inc. in Ingleside, Texas. While performing his duties as a crane operator, Esquivel fell into an open, unmarked hatch on the barge. This fall resulted in severe injuries to his back, arms, knees, legs, face, and other parts of his body.
Esquivel's petition outlines multiple allegations against the defendants including failure to secure the work area prior to beginning operations and failure to barricade dangerous areas such as the hatch he fell into. Additionally, he accuses them of not providing a safe working environment or adequate training and supervision for their crew members. The plaintiff also highlights that there were no proper safety policies or procedures in place which could have prevented such an accident.
The lawsuit cites violations under several laws including 33 U.S.C. §905(b) for negligence related to maritime operations and general maritime law for both negligence and unseaworthiness of the vessel. Esquivel claims that these breaches led to significant physical pain and mental anguish which will likely persist throughout his life. He also mentions incurring substantial medical expenses and losing considerable time from work due to his injuries.
Esquivel seeks compensatory damages exceeding $2 million for past and future medical expenses, physical pain and suffering, mental anguish, lost wages and earning capacity impairment among other losses. He also demands pre-judgment interest, post-judgment interest along with court costs.
Representing Frank Esquivel are attorneys Sean E. O'Rourke and Nicholas Simon from Simon & O’Rourke Law Firm PC based in Houston. The case has been assigned Case ID 2024-40111 in the 164th Judicial District Court under Judge Jarod Stirrup.