Howard v. Transocean Offshore USA, Inc.

Filing 1

COMPLAINT with jury demand against Transocean Offshore USA, Inc. (Filing fee $ 350 receipt number 053L-3305168) filed by John Howard. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(MacFetters, Jason) Modified text on 12/7/2011 (gec, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOHN HOWARD

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CIVIL ACTION NO:
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VERSUS
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SECTION: “ ”
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JUDGE
TRANSOCEAN OFFSHORE, USA., INC.
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MAGISTRATE: “ ”
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MAG. JUDGE
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COMPLAINT FOR DAMAGES

NOW INTO COURT, through undersigned counsel, comes plaintiff, JOHN
HOWARD, who respectfully represents as follows:
I.
Made defendant herein, TRANSOCEAN, LTD., (hereinafter “TRANSOCEAN”)
a foreign corporation doing business within the State of Louisiana and within the
jurisdiction of this Honorable Court, is indebted unto plaintiff for all damages to which
he is entitled to receive as prayed for herein, together with legal interest thereon from
date of judicial demand until paid and for all costs of these proceedings, for the following
non-exclusive acts of negligence, as more specifically set forth below.
II.
Jurisdiction of this court is invoked under General Maritime Law and Diversity.
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III.
On or about March 10, 2011, JOHN HOWARD was employed by Signal
International working on the M/V DEEPWATER NAVIGATOR owned and operated by
TRANSOCEAN.
IV.
On or about March 10, 2011, JOHN HOWARD experienced an accident wherein
he injured his left ankle, foot and other parts of his body while working aboard the M/V
DEEPWATER NAVIGATOR. Mr. Hoard injuries were caused due to walking across
boards to get from room to another causing him to fall.
V.
On or about March 10, 2011, plaintiff JOHN HOWARD sustained serious
injuries to ankle, foot and other parts of his body due to the aforementioned accident.
VI.
On information and belief, plaintiff alleges that the sole and proximate cause of
the above-described accident was the negligence of TRANSOCEAN in the following,
non-exclusive respects:
a)

Breach of a legally imposed duty of reasonable care owed by the defendant
to plaintiff;

b)

Negligently failing to properly maintain the area vessel flooring which
caused Mr. Howard to fall;

c)

Failing to properly design and outfit the vessel flooring including;

d)

Failing to properly warn Mr. Howard regarding the dangerous condition on
the vessel;

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e)

Violation of maritime law in regard to the premises; and

f)

All other acts of negligence which may be shown at the trial of this matter.
VII.

As a direct result of the negligence of the defendants, plaintiff, JOHN
HOWARD, is entitled to recover from the defendant reasonable and just compensatory,
special, and general damages as prayed for herein and to be awarded by this Honorable
Court in the following non-exclusive respects:
(1)

past, present and future physical, mental and emotional pain and suffering;

(2)

past, present and future loss of wages, fringe benefits and wage earning
capacity;

(3)

past and future physical disability;

(4)

past, present and future medical expenses; and

(5)

all other special and general damages as will be shown at the trial of this
matter.

VIII.
Furthermore, plaintiff specifically alleges a claim for punitive damages against
defendants under General Maritime Law.
IX.
Plaintiff prays for a trial by jury on all issues raised herein.
X.
WHEREFORE, plaintiff prays that defendant, TRANSOCEAN, LTD., be duly
cited to appear and answer this Complaint, and after the legal delays and due proceedings

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had, there be Judgment herein in favor of the plaintiff, JOHN HOWARD, and against
the defendant, TRANSOCEAN, LTD., for all damages to which the plaintiff is entitled
to recover for the reasons set forth herein, together with legal interest thereon from date
of judicial demand until paid, for payment of all costs, including expert fees, and for all
other general and equitable relief.
AND FOR ALL GENERAL AND EQUITABLE RELIEF.
Respectfully submitted,
s/Jason C. MacFetters_________
TIMOTHY J. YOUNG (22677)
JASON C. MACFETTERS (29617)
REBECCA A. COMAN (28845)
THE YOUNG FIRM
400 Poydras Street, Suite 2090
New Orleans, Louisiana 70130
Telephone [phone]
Facsimile [phone]

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