Atchley v. Spartan Offshore Drilling, L.L.C.

Filing 1

COMPLAINT with jury demand against Spartan Offshore Drilling, L.L.C. (Filing fee $ 350 receipt number 053L-3483446) filed by Daniel P. Atchley. (Attachments: # 1 Civil Cover Sheet, # 2 Financial Sheet, # 3 Summons)(Young, Timothy)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DANIEL P. ATCHLEY

*
CASE NO.
*
VERSUS
*
SECTION:
*
SPARTAN OFFSHORE
*
MAGISTRATE:
DRILLING, L.L.C.
*
************************************************************************
SEAMAN=S COMPLAINT FOR DAMAGES

The Complaint of DANIEL P. ATCHLEY, a person of the full age of majority
with respect represents:
I.
Defendant, SPARTAN OFFSHORE DRILLING, L.L.C. 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 the Jones Act, General Maritime Law
and Diversity.
III.
On or about March 13, 2012, DANIEL P. ATCHLEY was employed by
SPARTAN OFFSHORE DRILLING, L.L.C. as a Jones Act Seaman aboard the M/V
SPARTAN 51.
IV.
At all pertinent times hereto SPARTAN OFFSHORE DRILLING, L.L.C.
owned, operated and/or controlled the M/V SPARTAN 51 which was at all pertinent
times a vessel in navigation.
V.
On or about March 13, 2012, plaintiff DANIEL P. ATCHLEY experienced an
accident which resulted in serious painful injuries to his lower back and other parts of his
body while employed by SPARTAN OFFSHORE DRILLING, L.L.C..
VI.
On information and belief, plaintiff alleges that the sole and proximate cause of
the above-described accident was the negligence of SPARTAN OFFSHORE
DRILLING, L.L.C. in the following, non-exclusive respects:
a)

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

b)

Failure to provide a reasonably safe place to
work;

c)

Failure to properly train and supervise plaintiff;

d)

Failure to take any means or precautions for the
safety of defendant=s employees, including plaintiff;

e)

Creation and maintenance of an unseaworthy vessel;

f)

Failure to provide minimum safety requirements;

g)

Failure to provide adequate, safe and properly working equipment for the
job in question;

h)

Failure to provide adequate, safe and properly trained personnel for the
job in question;

i)

Other acts of negligence and unseaworthiness
which will be shown at the trial of this matter.
VII.

As a direct result of plaintiff’s injury which was due to the negligence of the
defendant and the unseaworthiness of the vessel, Plaintiff, DANIEL P. ATCHLEY 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.
3

VIII.
Pursuant to the General Maritime Law of the United States of America,
SPARTAN OFFSHORE DRILLING, L.L.C. had and continues to have the absolute
and nondelegable duty to provide plaintiff with maintenance and cure benefits from the
date that he was rendered unfit for duty until maximum cure is achieved.
IX.
As a result of the aforementioned accident, Plaintiff was rendered unfit for duty
and presently remains unfit and incapable of returning to duty as a seaman.
X.
Therefore, the plaintiff prays for the payment of past, present and future adequate
maintenance benefits as well as past, present and future payment of any and all cure
benefits to which plaintiff is entitled.

Should defendant, SPARTAN OFFSHORE

DRILLING, L.L.C. fail to honor its maintenance and cure obligation, the plaintiff is
entitled to attorney=s fees, punitive damages and an additional compensatory award for
any acts of negligence on the part of the defendants which would result in a deterioration
of the plaintiff=s medical condition.
XI.
Plaintiff specifically alleges a claim for punitive damages against the defendant
herein based upon General Maritime Law.

This claim relates not only to any arbitrary

and/or unreasonable failure of defendant to pay maintenance and cure benefits but also
4

for any gross negligence of the defendant or unseaworthiness of the vessel and its
equipment as may be allowed under General Maritime Law.
XII.
Plaintiff prays for a trial by jury on all issues raised herein.

WHEREFORE, Plaintiff prays that Defendant SPARTAN OFFSHORE
DRILLING, L.L.C. be duly cited to appear and answer this Complaint and after the
legal delays and due proceedings had, there be Judgment herein in favor of the Plaintiff,
DANIEL P. ATCHLEY and against the Defendant, SPARTAN OFFSHORE
DRILLING, L.L.C. 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.
FURTHERMORE, plaintiff prays that defendant, SPARTAN OFFSHORE
DRILLING, L.L.C. be cast in judgment in favor of the plaintiff for past, present and
future adequate maintenance benefits as well as past, present and future payment of any
and all cure benefits to which plaintiff is entitled by law and penalties and additional
damages if applicable.
AND FOR ALL GENERAL AND EQUITABLE RELIEF.

5

Respectfully submitted,
S/Timothy J. Young
TIMOTHY J. YOUNG (22677)
JASON MACFETTERS (29617)
TAMMY D. HARRIS (29896)
The Young Firm
400 Poydras Street, Suite 2090
New Orleans, Louisiana 70130
Telephone [phone]
Facsimile [phone]

6