Thomas v. Oceaneering International, Inc.

Filing 1

Seaman COMPLAINT with jury demand against Oceaneering International, Inc. (Prepayment of fee not required pursuant to 28 USC 1916) filed by David Thomas. (Attachments: # 1 Civil Cover Sheet)(Delise, Bobby) (Service by waiver) Modified on 1/23/2012 (plh, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAVID THOMAS
VERSUS
OCEANEERING INTERNATIONAL,
INC.
*

*

*

*

*

*

*
*
*
*
*
*
*
*

CIVIL ACTION
NO.
SECTION:
JURY DEMAND

COMPLAINT
Complainant, DAVID THOMAS, a person of the full age of majority and resident of
the State of Louisiana, through undersigned counsel, brings this action against
OCEANEERING INTERNATIONAL, INC., (hereinafter “respondent”), and avers:

JURISDICTION AND PARTIES
I.
Jurisdiction of this Honorable Court is based on the Jones Act, (46 U.S.C. § 30104,
et. seq.), and under the general maritime law for general maritime negligence,
unseaworthiness and for maintenance and cure.
II.
Parties named herein are as follows:
1.

Named Complainant herein is:
DAVID THOMAS, a resident of the full age of majority of the State of
Louisiana;

1

2.

Named Respondent herein is:
OCEANEERING INTERNATIONAL, INC., a domestic corporation
authorized to do and doing business in the State of Louisiana.
III.

The amount in controversy herein exceeds the minimal jurisdictional requirements of
this Honorable Court, exclusive of interest and costs.
IV.
At all times pertinent herein OCEANEERING INTERNATIONAL, INC., was the
owner and operator of the DSV OCEAN PROJECT.

FACTS
V.
On or about 27 October 2011, Complainant, DAVID THOMAS, was employed by
OCEANEERING INTERNATIONAL, INC., as a seaman and member of the crew of the
DSV OCEAN PROJECT, a vessel under the ownership, control and authority of
Respondent, OCEANEERING INTERNATIONAL, INC., as the DSV OCEAN
PROJECT was conducting commercial diving operations in the Gulf of Mexico.
VI.
On the aforementioned date Complainant, DAVID THOMAS, while swinging from
a swing rope from a platform to the DSV OCEAN PROJECT sustained a severe and
disabling injury to his shoulder.
VII.
As a result of the aforementioned incident, Complainant, DAVID THOMAS, was
caused to sustain severe and disabling injuries to his body.
2

VIII.
As a direct result of the incident aforementioned in Paragraphs, your Complainant,
DAVID THOMAS, has sustained a disability, incurred and will continue to incur in the
future loss of wages, found, fringe benefits, earning capacity and has incurred and will incur
in the future, medical expenses and other financial losses, for which he is entitled to recover
from OCEANEERING INTERNATIONAL, INC.

CAUSES OF ACTION
JONES ACT
IX.
Complainant’s damages were the proximate and direct result of the following
negligent acts of the Respondent, OCEANEERING INTERNATIONAL, INC., in its
operation and maintenance of the task at hand and in the operation of the DSV OCEAN
PROJECT, complainant’s working conditions and in the supervision of and planning and
direction of the work of the vessel's crew.

GENERAL MARITIME LAW
UNSEAWORTHINESS and NEGLIGENCE
X.
At all times pertinent hereto, Respondent, OCEANEERING INTERNATIONAL,
INC., owned, controlled, operated, provisioned and manned the DSV OCEAN PROJECT,
upon which DAVID THOMAS was assigned during his employment with
OCEANEERING INTERNATIONAL, INC.

3

XI.
Under the General Maritime Law, it was the duty of Respondent, OCEANEERING
INTERNATIONAL, INC., to furnish Complainant, DAVID THOMAS, with a safe place
in which to work and with safe gear, appurtenances, equipment, a properly manned vessel
and to conduct operations aboard the vessel in a safe and proper manner; in connection with
Complainant’s injuries and disability, OCEANEERING INTERNATIONAL, INC., was
negligent in the operation of the vessel and its operations on or about 27 October 2011.
XII.
Complainant avers that through the actions and/or inactions of OCEANEERING
INTERNATIONAL, INC., that the DSV OCEAN PROJECT on which Complainant was
assigned was rendered unseaworthy.
XIII.
The injuries, disabilities and damages sustained by Complainant in the
aforementioned paragraphs of this Complaint were caused by the unseaworthy condition of
the DSV OCEAN PROJECT on which Complainant was assigned during his employment
for OCEANEERING INTERNATIONAL, INC., and by the negligence of
OCEANEERING INTERNATIONAL, INC., in the operation of said vessel and
operations on or about 27 October 2011.

JURY TRIAL
XIV.
Complainant, DAVID THOMAS, desires and is entitled to a trial by jury on the
issues sued upon herein.

4

WHEREFORE,
1. Complainant, DAVID THOMAS, prays for judgment against Respondent,
OCEANEERING INTERNATIONAL, INC., in an amount as may be proper in the
premises, and for all costs and disbursements in this action, and for all general and equitable
relief.
2.

Complainant, DAVID THOMAS, also prays for judgment against

OCEANEERING

INTERNATIONAL,

INC.,

requiring

OCEANEERING

INTERNATIONAL, INC., to provide appropriate medical care and rehabilitation due
Complainant and for all maintenance and cure benefits due Complainant under the law, in
addition to attorney’s fees, damages and costs for instituting this cause of action.
Complainant, DAVID THOMAS, further prays for trial by jury.
Respectfully submitted,
DELISE & HALL
__s/Bobby J. Delise_____________
BOBBY J. DELISE T.A. (#4847)
ALTON J. HALL, JR. (#20846)
7924 Maple Street
New Orleans, LA 70118
Telephone: [phone]
Telecopier: [phone]
[e-mail]
Counsel for Complainant,
DAVID THOMAS
WAIVE SERVICE AT THIS TIME FOR:
OCEANEERING INTERNATIONAL, INC.

5