2016-06797 / Court: 234

2/2/2016 2:54:07 PM Chris Daniel - District Clerk Harris County Envelope No. 8916507 By: Nelson Cuero Filed: 2/2/2016 2:54:07 PM

CAUSE NO: § § § § § § §

VS. HORNBECK OFFSHORE SERVICES LLC, and HORNBECK OFFSHORE OPERATORS, LLC

IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS JUDICIAL DISTRICT

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RICHARD SEVIGNY

PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURES TO THE HONORABLE JUDGE OF SAID COURT:

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COMES NOW, RICHARD SEVIGNY, hereinafter referred to as ‘Plaintiff’, complaining of

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HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC,

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hereinafter referred to as ‘Defendants’, and would respectfully show as follows:

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CIVIL PROCEDURE 190.4, Plaintiff requests that discovery be

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Pursuant to TEXAS RULE

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I. DISCOVERY CLASS

II. JURISDICTION

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conducted under level 3.

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This is an action within the maritime jurisdiction of this Court. This claim is maintained

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under the Jones Act, 46 U.S.C. § 30104, and the General Maritime Law of the United States. III. PARTIES

Plaintiff, RICHARD SEVIGNY, is a resident of Washington County, Florida. Defendant, HORNBECK OFFSHORE SERVICES, LLC, is a Delaware corporation doing business in the State of Texas. This Defendant may be served with due process by serving its registered agent for service in Texas, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218. 1

Defendant, HORNBECK OFFSHORE OPERATORS, LLC, is a Delaware corporation doing business in the State of Texas. This Defendant may be served with due process by serving its registered agent for service in Texas, Corporation Service Company d/b/a CSC-Lawyers

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Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218. IV. VENUE

Venue is proper in Harris County, Texas because both Defendants do substantial business in

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Harris County and Defendant, HORNBECK OFFSHORE OPERATORS, LLC’s, principal

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business office within the State of Texas is located in Harris County, Texas. Because the Plaintiff

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has established proper venue against Defendant, HORNBECK OFFSHORE OPERATORS, LLC,

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this Court also has venue of any remaining Defendants in all claims arising out of the same

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occurrence.

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V. FACTS

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Plaintiff, RICHARD SEVIGNY, would show that this lawsuit has become necessary as a

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result of personal injuries received on or about February 11, 2015.

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On or about February 11, 2015, Plaintiff, RICHARD SEVIGNY, sustained injuries during

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the course and scope of his employment as an able body seaman for Defendants. At all material

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times hereto, Plaintiff was a Jones Act seaman employed by Defendant, HORNBECK OFFSHORE SERVICES, LLC, and/or Defendant, HORNBECK OFFSHORE OPERATORS, LLC. At all material times, Plaintiff was employed in service of the HOS RENAISSANCE, an offshore supply vessel, and Plaintiff was a member of said vessel’s crew.

At all material times, the HOS

RENAISSANCE was owned, operated, and/or controlled by Defendant, HORNBECK OFFSHORE SERVICES, LLC, and/or Defendant, HORNBECK OFFSHORE OPERATORS, LLC, and said

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vessel was in navigable waters in the Gulf of Mexico. On or about February 11, 2015, employees and/or agents of Defendants negligently caused Plaintiff to sustain injuries when materials where transferred onto the HOS RENAISSANCE from the TITANIUM EXPLORER, a nearby drilling

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ship. At the time of the occurrence, Plaintiff, RICHARD SEVIGNY, was stationed at the back deck of the HOS RENAISSANCE while waste drilling fluids were back loaded from the TITANIUM EXPLORER. During the back loading operation, Plaintiff was exposed to high levels

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of hydrogen sulfide (H2S) emanating from the waste drilling fluids. As a result of the occurrence,

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Plaintiff sustained serious and debilitating injuries to his lungs, heart, liver, and ears, among other

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parts of his body.

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VI. FIRST CAUSE OF ACTION FOR NEGLIGENCE

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On or about February 11, 2015, Defendants, HORNBECK OFFSHORE SERVICES, LLC

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and HORNBECK OFFSHORE OPERATORS, LLC, were negligent, and said negligence was a

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proximate cause of Plaintiff’s injuries. At all relevant times, it was feasible for Defendants to

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provide to Plaintiff, and Defendants owed to Plaintiff, duties of care to provide, inter alia, a safe

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place to work. Plaintiff further contends that on the occasion in question, Defendants, acting

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through their officers, agents, servants and/or employees, were careless and negligent in the

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following respects:

In failing to provide a safe work environment; In failing to request and obtain proper cargo documentation from the TITANIUM EXPLORER before accepting the transfer, including, but not limited to, MSDS or chemical analysis reports, a complete cargo manifest identifying products contained in the waste drilling fluids, and a UIC 28; 3

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In failing to inspect the waste drilling fluids;

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In failing to provide safe and adequate personal protection equipment to protect Plaintiff from exposure to hydrogen sulfide (H2S) and other toxic chemicals; In failing to warn Plaintiff of the hazards presented by the waste drilling fluids;

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In failing to adequately monitor gas readings on the deck during the back loading

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operation to detect and respond to the presence of hydrogen sulfide (H2S) or other toxic chemicals;

In failing to properly train Plaintiff and the vessel’s crew on safe and proper

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In failing to provide prompt and adequate medical attention to Plaintiff following

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handling of hazardous materials, including hydrogen sulfide (H2S);

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Other acts of negligence as proven at time of trial.

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his exposure to hydrogen sulfide (H2S); and,

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On said date, and as a direct and proximate result of the negligent acts of Defendants,

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Plaintiff developed severe and debilitating medical conditions, including, but not limited to,

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restrictive ventilatory impairment, bronchiolitis obliterans organizing pneumonia, reactive airway

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dysfunction, aortic insufficiency in bicuspid aortic valve, arterial hypertension, insomnia,

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headaches, nausea, fatigue, pain in his joints, and tinnitus. Said occurrence and said injuries or

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medical conditions occurred as a proximate result, in whole or in part, of the initial acts and/or negligence or lack of attention, on the part of some or all named Defendants, their agents, servants and/or employees, acting in the course and scope of their employment and agency. VII. SECOND CAUSE OF ACTION FOR UNSEAWORTHINESS At all times material hereto, Defendant, HORNBECK OFFSHORE SERVICES, LLC and

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HORNBECK OFFSHORE OPERATORS, LLC, owned, operated, and/or controlled the HOS RENAISSANCE. At all relevant times it was feasible for Defendants to provide to Plaintiff, and said Defendants owed to Plaintiff, duties to provide, a vessel seaworthy in all respects, including

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but not limited to its hull, engines, apparel, appurtenances, equipment, furnishings, fixtures and complement. Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC, breached said duty of care by failing to provide any and/or all of these particulars or others as may be disclosed upon discovery hereafter. On or about February 11,

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2015, Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE

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vessel was unseaworthy in the following particulars:

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OPERATORS, LLC, were careless and negligent in breaching the above duties of care, and the

The vessel had an incompetent master and/or crew;

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The vessel had inadequate equipment to identify and monitor the presence of

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hydrogen sulfide (H2S);

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The vessel stored waste drilling fluids containing toxic chemicals;

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The vessel lacked safe and adequate equipment to protect crewmembers from toxic

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Other unseaworthy conditions as proven at time of trial.

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chemical exposure; and,

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Said breaches of duty proximately contributed, in whole or in part, to cause Plaintiff to suffer the hereinafter complained of injuries for which Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC, are liable to Plaintiff in damages. VIII. THIRD CAUSE OF ACTION FOR MAINTENANCE AND CURE On or about February 11, 2015, and on other dates thereafter, and ever since, Defendants, 5

HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC, have wrongfully failed and/or refused to provide maintenance and cure to Plaintiff in breach of duties said Defendants owe to Plaintiff. Plaintiff further alleges that it was, and still is, the duty

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of said Defendants, as his employer, to furnish him with maintenance and cure and loss of wages. Plaintiff further alleges that Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC, have unreasonably, arbitrarily, willfully and capriciously refused to pay maintenance to him and such sums were due and owing. Plaintiff

As a result of said Defendants’

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capriciously refused to provide him with medical cure.

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further alleges that said Defendants have further unreasonably, arbitrarily, willfully and

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unreasonable failure to provide maintenance and cure, Plaintiff is entitled to recovery for

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damages and expenses incurred, including, but not limited to, damages for prolongation or

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aggravation of injuries; pain and suffering and additional expenses.

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Plaintiff states that in addition to such maintenance and cure benefits as he is entitled, he

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has found it necessary to engage attorneys to represent him in the maintenance and cure action

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that he is entitled to and brings a suit for the reasonable attorney's fees incurred in the collection

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of the maintenance and cure benefits due to him. Therefore, for the aforementioned reasons,

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Plaintiff states that he is entitled to maintenance and cure benefits, compensatory damages and

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attorney's fees, in a sum in excess of the minimum jurisdictional limits of this Court or for other and further sums as the Court and/or Jury may find reasonable at the time of trial of this cause. By reason of the foregoing premises and as a legal result thereof, Plaintiff has in the past and/or will in the future be caused to suffer the following described injuries and/or losses, for which Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC, are liable to Plaintiff:

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Maintenance and Cure benefits accrued to date of trial and for a reasonable time in the future, as may be found necessary; Physical and emotional injury, pain and suffering;

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Prolongation and or aggravation of injuries;

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Indebtedness for health care expenses;

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Indebtedness for daily living expenses;

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Prejudgment interest; and,

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Attorneys’ fees.

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All said injuries and damages in an extent, not now precisely known in excess of

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$5,000,000.00.

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IX. DAMAGES

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As a direct and proximate result of the occurrence alleged, Plaintiff sustained severe and

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painful injuries to his body and mind, and shock and injury to his nervous system and person, all of

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which injuries have caused and continue to cause great physical and emotional pain and suffering.

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In connection therewith, Plaintiff would show that he has sustained severe pain, physical

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impairment, discomfort, mental anguish, and distress to date. Plaintiff is informed and believes and

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alleges that, in all reasonable probability, some or all of said injuries will result in permanent

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damage, disability, and pain and suffering, causing general damages in an amount to be determined at trial. Moreover, Plaintiff has suffered a loss of earnings in the past, as well as a loss of future earning capacity. Furthermore, he has incurred and will incur pharmaceutical and medical expenses in connection with said injuries. By reason of the foregoing, Plaintiff would show that he has been damaged in a sum, to be determined at trial, far in excess of the minimum jurisdictional limits of this Honorable Court, for which amount he comes now and sues. 7

By reason of the foregoing premises and as a legal result thereof, Plaintiff has in the past and/or will in the future be caused to suffer the following described injuries and/or losses, for which Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE

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OPERATORS, LLC, are all jointly and severally liable to Plaintiff: 1. Reasonable and necessary medical expenses in the past and in the future; 2. Physical pain and suffering in the past and in the future;

4. Loss of earning capacity in the past and in the future;

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3. Mental anguish in the past and in the future;

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6. Physical impairment in the past and in the future.

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5. Physical disfigurement in the past and in the future; and,

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All said injuries and damages in an extent, not now precisely known, in excess of

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$10,000,000.00.

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X. USE OF ITEMS PRODUCED IN DISCOVERY

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Plaintiff hereby gives notice of his intent to utilize items produced in discovery in the trial

XI. JURY DEMAND

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CIVIL PROCEDURE 193.7

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of this matter, and the authenticity of such items shall be deemed self-proven per TEXAS RULES OF

Plaintiff demands a trial by jury and tenders the appropriate fee. XII. REQUEST FOR DISCLOSURES PURSUANT TO RULE 194 OF THE TEXAS RULES OF CIVIL PROCEDURE

Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE OPERATORS, LLC, are required to disclose to Plaintiff within fifty (50) days of service of this

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request the information or material described in Rule 194.2 of the TEXAS RULES

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CIVIL

PROCEDURE. Said information or materials shall be produced to Matthew D. Shaffer, Attorney for the Plaintiff, at SCHECHTER, MCELWEE, SHAFFER & HARRIS, LLP, 3200 Travis, Third Floor,

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Houston, Texas 77006, during normal business hours. XIII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, RICHARD SEVIGNY, prays that

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Defendants, HORNBECK OFFSHORE SERVICES, LLC and HORNBECK OFFSHORE

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OPERATORS, LLC, be cited to appear and answer herein in a form and manner prescribed by law,

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and after jury trial of the merits of this cause, Plaintiff have judgment against Defendants, jointly

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and severally, in a total sum in excess of the minimum jurisdictional limits of this Court, plus pre-

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judgment and post-judgment interest at the maximum legal rates, all costs of Court, and all such

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other and further relief, be it general or special, at law or in equity, to which Plaintiff may show

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himself justly entitled.

SCHECHTER, MCELWEE, SHAFFER, & HARRIS, L.L.P.

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Respectfully submitted,

/s/Matthew D. Shaffer MATTHEW D. SHAFFER TBA # 18085600 3200 Travis, Third Floor Houston, Texas 77006 TEL: (713) 524-3500 FAX: (713) 751-0412 [email protected] ATTORNEYS FOR PLAINTIFF PLAINTIFF DEMANDS A TRIAL BY JURY

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