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Jones Act

• Mariner Energy Vermillion 380 Explosion | Oil Rig Explosion Lawyers
  Sep 02, 2010

  The Coast Guard is responding to an offshore oil production platform explosion on the Vermillion Oil production platform 380.  According to the Coast Guard, the platform explosion occurred 80-90 miles south of Grand Isle, Louisiana, south of Vermillion Bay.  The oil platform both is owned and operated by a relatively small company, Houston-based Mariner Energy.  The offshore oil production platform explosion happened around 9 a.m., and the platform was still burning at last report.
  
  At least one report coming from Louisiana has revealed that a fire may have started in the crew quarters.  The Vermillion 380 is thought to possibly be an older, refurbished rig or platform in an old field.

  Vermillion 380 is not currently producing oil or gas.  Apache Corp. recently purchased Mariner Energy in a multi-billion dollar deal and recently agreed to buy BP assets in order to help the British oil giant meet its financial obligations as a result of its Gulf of Mexico oil spill.

  The fixed-production platform is situated in shallow water 80 miles south of Vermillion Bay in the Gulf of Mexico.  Called the Vermillion 380 rig after the oil-and-gas field over which it's located, it produced 1.1 billion cubic feet of gas in 2009. 

  Local reports indicate that all 13 crewmembers have been accounted for.  The 13 people in the water were picked up by the OSV Crystal Clear and taken to another platform.  However, one crewmember was injured in this maritime accident and has been taken to the hospital.

  Since right now our maritime lawyers believe that the Mariner Energy production platform is a fixed platform, and possibly not a Jones Act vessel.  However, even if the oil production platform is not considered a Jones Act vessel and thus is not eligible for Jones Act coverage, the injured seamen and offshore workers will have maritime injury claims against related third parties, including the well owner, Apache Corporation.

  Our Louisiana maritime lawyers are speaking with international media and local Louisiana lawyers we know and trust right now, trying to find out the facts.  Please follow maritime lawyer Matthew D. Shaffer on Twitter today for up to the minute information on the Vermillion explosion.  The hashtag seems to be #vermillion so far. 

   

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• Glenn Kelly Medavaced from Tug Choptank Near Dauphin Island Alabama
  Aug 30, 2010

  A routine training flight turned into a real rescue for a U.S. Coast Guard helicopter crew, who evacuated an injured man from a tugboat near Dauphin Island.  The Coast Guard medevaced a crewmember from a vessel approximately two miles off the coast of Dauphin Island, Alabama.  Dauphin Island is a town in Mobile County, Alabama on a barrier island at the Gulf of Mexico to its south.
   
  The Coast Guard said Glenn Kelly, 53, was airlifted to University of South Alabama Medical Center after he fell 12 feet down a ladder well and injured his head.

  The call came in about 3 p.m. yesterday from the 100-foot tugboat Choptank.  The crew of an MH-65C helicopter that was in the area conducting training hoisted Kelly from the boat, which was about two miles from the island at the time of the call. He was transported to awaiting emergency medical services personnel at the University of South Alabama Medical Center.

   

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• Shrimp Boat Crewmember Missing, Texas Coastal Search Underway
  Jun 23, 2010

  The Coast Guard is searching for a man reported missing 130 miles off the coast of Freeport, Wednesday.  The fishing crew of the commercial fishing vessel Maria Elena, a 65-foot shrimping vessel home ported in Brownsville at 8:30 a.m., reporting that a 60-year-old crew member, was not on board. The man was last seen at 3:30 a.m. Tuesday onboard the vessel.

  The Coast Guard dispatched a MH-65C Dolphin rescue helicopter and a HU-25 Falcon jet to search. The Coast Guard Cutter Skipjack is en route to assist with the search.

  The Maria Elena and its three man crew had been out to sea for 23 days.

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• Matthew Shaffer Texas Maritime Attorney Quoted in Houston Chronicle
  Jun 15, 2010

  Texas Maritime Attorney Matthew Shaffer was quoted regarding the Deepwater Horizon offshore oil rig explosion and his representation of three injured survivors and the family of one of 11 workers who died in the rig explosion.  For the full text of the article, please click the link to: "Real-time data help inquiry into rig explosion: Details sent before blast can offer picture of well’s problems" on the Houston Chronicle web site.

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• SMSH Client Tyrone Benton Quoted and Pictured in Wall Street Journal
  May 28, 2010

  
  
  

  Some of BP's choices allowed it to minimize costly delays. "We were behind schedule already," said Tyrone Benton, a technician who operated underwater robots and worked for a subcontractor. He said that on the day before the accident, a Monday, managers "hoped we'd be finished by that Friday.... But it seemed like they were pushing to finish it before Friday."

  He added: "They were doing too many jobs at one time." Mr. Benton is suing BP and Transocean claiming physical injury and mental anguish.
  
  Photo and text reproduced from Wall Street Journal online.

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Death on the High Seas Act (DOHSA)

• Expanding DOHSA Damages Through the Spill Act
  Aug 02, 2010

  SMSH Partner Matthew Shaffer was quoted in an article on Law.com concerning the Deepwater Horizon offshore oil rig explosion, subsequent massive oil spill and related federal laws which address the damages available to injured parties.
  
  "A number of politicians have set their sights on the Death on the High Seas Act and the Jones Act, passed in 1920 partially in response to the sinking of the Titanic eight years earlier. Both laws restrict damages that injured seamen or the survivors of those killed at sea may collect from vessel owners. For example, most of the workers killed on the Deepwater Horizon fall under the Jones Act. Their survivors may collect economic damages such as loss of support, but not punitive damages or loss of society damages that can significantly drive up the compensation amount. A similar rule applies under the Death on the High Seas Act, which limits damages for others killed at sea including cruise ship passengers.

  "The law is basically saying that the relationship [between the victim and their survivors] itself is worth nothing," said Thomas Galligan Jr., president of Colby-Sawyer College in New London, N.H. He is a maritime law expert who has testified during multiple congressional hearings since the Gulf spill. "That seems to be inconsistent with the modern views of life and relationships."

  Expanding the damages available to those injured or killed at sea would bring maritime law in line with tort law throughout the nation and should have been done years ago, said Houston attorney Matthew Shaffer. He represents three of the injured Deepwater Horizon workers and the family of one who was killed.

  Several bills have been introduced to expand availability of damages, including the Securing Protections for the Injured from Limitation on Liability Act -- the SPILL Act -- which the House of Representatives approved on July 1. The cruise industry has lobbied against the move, arguing that it would lead to costly litigation."
  
  The article can be read in its entirety here.

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Texas Bus Accident Lawyers

• Metro Fires Wrecker Driver after Fatal Houston Bus-Pedestrian Accident
  Aug 09, 2010

  This week, the Metropolitan Transit Authority fired a wrecker driver involved in a fatal Houston accident that killed a 64-year-old woman.  The wrecker driver, Gregory Clark had been working for Metro for the past 32 years.  Clark had been driving the wrecker, which crashed into a pickup truck that had stopped to let a pedestrian cross the street.  A passenger in the pickup truck sustained fatal injuries.  The driver of the pickup was also injured.

  After the crash, Clark was administered an alcohol test, which he failed.  On Wednesday, the agency fired him. 

  Metro police say they're working with the Harris County District Attorney's Office to determine whether criminal charges should be filed against Clark.  According to Metro records, Clark did not have a history of other infractions, except for a suspension of three days, earlier this year for being off his route.  However, a look at his driving history reveals an entirely different story.  Clark has had a total of 19 traffic violations over the past eight years alone.  Among these are seven citations for speeding.

  Metro has released a statement, saying that this incident is not a reflection of the company's safety culture.  However for Houston personal injury lawyers handling bus accidents, it's hard to look at the company's safety culture without suspicion.  After all, Clark had a history of 19 traffic violations, several of which were for speeding, and he was still able to find employment at a transit agency that's responsible for transporting hundreds of Houstonians daily. When you have a wrecker driver who was drunk on the job, it's hard not to take it as a reflection of the agency's safety culture.

  This accident comes during a time when there is increased scrutiny over Metro's safety record.  The Houston Chronicle did an investigative report last month on Metro's safety culture, and found that there are far too many Metro bus accidents that cause property damage, injuries and even deaths. 

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Texas ATV Attorneys

• Suzuki QuadSport ATVs Recalled Due to Loss of Control Hazard
  Jul 08, 2010

  The following product safety recall was voluntarily conducted by the firm in cooperation with the U.S. Consumer Product Safety Commission (CPSC). Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

  Name of Product: Suzuki QuadSport ATVs

  Units: About 1,355

  Distributors: American Suzuki Motor Corp., of Brea, California; Montgomery Motors, Ltd., of Honolulu, Hawaii; Suzuki del Caribe Inc., of Rio Piedras, Puerto Rico

  Hazard: The flame arrester screen can become detached from its mounting ring, preventing the throttle valve from returning to the idle position when the throttle lever is released and causing the rider to lose control of the ATV. This poses a serious hazard of injury or death.

  Incidents/Injuries: American Suzuki has received two reports of flame arrester screens detaching from the mounting ring. No injuries have been reported.

  Description: This recall involves all Suzuki 2009 model year LT-Z400K9 (QuadSport Z400) and LT-Z400ZK9 (QuadSport Z400 Special Edition) ATVs. "QuadSport Z400" or "QuadSport Z400Z" is written on the sides and left front fender of the ATV. "Suzuki" is written on the sides of the ATV.

  Sold at: Suzuki ATV dealers nationwide from September 2008 through June 2010 for between $6,500 and $6,700.

  Manufactured in: Japan

  Remedy: Consumers should stop using these vehicles immediately and contact a local Suzuki ATV dealer to schedule an appointment for a free repair. Consumers with recalled ATVs are being sent a notice directly from Suzuki.

  Consumer Contact: For more information, consumers can contact Suzuki at (800) 444-5077 between 8:30 a.m. and 4:45 p.m. PT Monday through Friday, or visit the firm's website at www.suzukicycles.com

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Texas Drunk Driving Accidents

• Shane Fuller in a Coma After Texas Moving Truck Drunk Driving Accident
  Aug 03, 2010

  Shane Fuller, 31, fell from the back of a moving truck Saturday afternoon near Bay Street Park is in a coma, his grandfather said Monday.
  
  The accident happened in the 1300 block of Bay Street about 2:30 p.m. when Fuller stood up in the truck's bed as it was moving and was thrown out.  According to news reports, his head slammed into the pavement, causing blood to leak from his nose and a large gash on the back of his head.
  
  Witnesses say Fuller was attempting to stop the intoxicated female driver behind the wheel from taking off in the moving truck.
  
  Fuller remains in John Sealy Hospital in Galveston, where he was in critical condition and in a coma. 
  
  Police said the woman driving the truck was charged with misdemeanor driving while intoxicated, and she was driving with a suspended license.  She was released on bond during the weekend. - 9 - 10

• Michael Petty Charged With Intoxication Manslaughter in Houston Deaths
  Jul 27, 2010

  Houston Police closed all southbound lanes of the Gulf Freeway near Webster, Texas Tuesday morning for an investigation into a double fatality.  The Gulf Freeway was closed at El Dorado, only reopening after noon.

  Police were investigating a fatal Houston drunk-driving crash that occurred on Monday afternoon in the 18900 block of the southbound Gulf Freeway near Bay Area Boulevard.  Houston Police charged 28-year-old Michael Petty with two counts of intoxication manslaughter.
  
  
  Photo from Chron.com - Harris County Sherrif's Office

  Investigators say Petty was speeding in his black Toyota Tacoma, weaving in and out of traffic when he rear-ended a gold pickup truck.  The truck was sent into a roll, killing both the driver and passenger.

  The victims' identities have not been released, but police told the media that the driver was 55 years old and the passenger was 67 years old.

  The drunk driver, Michael Gregory Petty, was not injured.
  
  The drunk driving accident attorneys of SMSH are proud to have represented the victims of drunk driver negligence for over 45 years.  We are here for you.  If you need advice or legal assistance please contact us today.

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Arthur L. Schechter, Matthew D. Shaffer and Jonathan S. Harris are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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