Litigation:
Experience indicates that most cases settle short of trial; however, not every case is a candidate for compromise. In those instances where trial on the merits is necessary, Eastham has experienced litigators with proven courtroom records. The following is a partial list of matters that we have defended through trial on the merits in the recent past. You will note that we have listed the name and telephone number of our client contact on each of these cases. We encourage you to contact these individuals to obtain their opinions of our trial performance and the results achieved.
Alkhulaqi, Mohamed vs. Ocean Ships, Inc.
Jones Act personal injury claimSevere laceration of tendons of left wrist, resulting in chronic pain and loss of left hand function
United States District Court - Houston (Judge Gilmore)
| Demand: | $300,000 |
| Judgment: | $51,000 (total damages of $204,000; Plaintiff 75% at fault; Defendant 25% at fault; net recovery $51,000) |
| Client Contact: | Mr. Robert T. Miller Ocean Ships, Inc. Telephone no. 281/579-3700 |
Amber, Inc. v. PM Ag Products, Inc.
Breach of Contract and Negligence in the handling and transfer of oil productsUnited States District Court - Houston
| Demand: | $300,000 |
| Judgment: | Plaintiff take nothing; Judgment for Defendant affirmed on appeal |
| Client Contact: | Mr. Frank Weigel Royal & Sunalliance Telephone no. 212/510-1775 |
Anderson, Billy F. vs. Penn-Attransco Corporation, Formerly AT&T
Jones Act personal injury claimCarpal Tunnel Syndrome
United States District Court - Galveston
| Demand: | $120,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. John J. Nolan Penn-Attransco Corp. Telephone no. 212/391-2042 |
Arvanites, John vs. Maritime Overseas Corporation, et al.
Jones Act personal injury claim, plus claim for punitive damages for wrongful failure to pay maintenance and cureLow back injury
United States District Court - Houston
| Demand: | unspecified (in excess of $50,000 jurisdictional limits) |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. John Scalia Maritime Overseas Corporation (now with Trimar Defense Services, Inc.) Telephone no. 212/425-5750 |
Conti, Sebastian vs. Sanko Lines, et al.
Longshoreman's third party personal injury claimKnee injury (total knee replacement)
United States District Court - Houston
| Demand: | $275,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. John B. Gallagher Trimar Defense Services, Inc. Telephone no. 212/425-5750 |
Daigle, Mark vs. ENSCO Marine Company, et al
Seaman's maintenance, cure and attorneys' fees claimOperated low back
United States District Court - Galveston (Judge Kent)
| Demand: | maintenance and cure of approximately $10,000.00; attorneys' fees of $50,000.00 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Ms. Julie Slocum ENSCO International Telephone no. 214/922-1500 |
Daigle, Mark vs. ENSCO Marine Company, et al
Jones Act personal injury claimOperated low back
United States District Court - Galveston (Judge Kent)
| Demand: | $500,000 |
| Judgment: | $25,000 |
| Client Contact: | Ms. Julie Slocum ENSCO International Telephone no. 214/922-1500 |
Esquivel, Olifidio J. vs. Vivian Tankships Corporation
Jones Act personal injury claimOperated low back
United States District Court - Galveston
| Demand: | $1,600,000 |
| Judgment: | $35,000 (verdict of $700,000 -- fault apportioned 95% to Plaintiff and 5% to Defendant) |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now OSG Ship Management, Inc.) Telephone no. 212/953-4100 |
Falcon Construction Co. v. Bacon Towing Co., Inc., et al.
Barge capsized with loss of cargo and cost of removalUnited States District Court - Houston
| Demand: | $250,000 |
| Judgment: | Full indemnity including attorneys' fees awarded client. |
| Client Contact: | Mr. Mark C. Kury Marmac Corporation Telephone no. 800/227-4348 |
Gentz, Joseph J. vs. Philadelphia Tanker Corporation
Jones Act personal injury claimBack injury
United States District Court - Galveston
| Demand: | unspecified (in excess of $50,000 jurisdictional |
| Judgment: | $26,000 |
| Client Contact: | Mr. John Scalia Maritime Overseas Corporation (now with Trimar Defense Services, Inc.) Telephone no. 212/425-5750 |
Gilford, Reginald v. Basis Petroleum, Inc.
Texas Labor Code violation for retaliatory discharge related to filing
worker's compensation caseState District Court - Galveston
| Demand: | $275,000 |
| Judgment: | Plaintiff take nothing; Judgment for Defendant affirmed on appeal |
| Client Contact: | Mr. Wayne Kubicek Sempra Energy Trading Corp. Telephone no. 203/355-5408 |
Haight, Jonathon vs. Ocean Ships, Inc.
Jones Act personal injury claim, combined with penalty wage claimFractured hip
United States District Court - Houston
| Demand: | $125,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. Robert T. Miller Ocean Ships, Inc. Telephone no. 281/579-3700 |
Hurysz, Robert J. vs. Ocean Ships, Inc.
Jones Act personal injury claimOperated low back
United States District Court - Galveston
| Demand: | $150,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. Robert T. Miller Ocean Ships, Inc. Telephone no. 281/579-3700 |
International Terminals Corp., et al. v. M/T LOIRE, etc., et al.
Allision with grain elevator with trial for repairs and lost profitsUnited States District Court - Houston
| Claim: | $22,500,000 |
| Settlement Demand: | $15,000,000 |
| Judgment: | $ 8,969,147.44 |
| Client Contact: | Ms. Cheryl Acker OMI Corporation Telephone no. 203-602-6700 |
LeBeouf, Bernard vs. M/V ESSO CARIBBEAN, et al.
General maritime law negligence claim by cargo inspectorFractured heels/fractured pelvis
United States District Court - Galveston
| Demand: | $100,000 |
| Judgment: | Plaintiff take nothing from Defendant Sea Hoss,
defended by Eastham Plaintiff take $500,000 plus from M/V ESSO CARIBBEAN, defended by another firm (remittitur subsequently ordered by presiding judge and M/V ESSO CARIBBEAN interests ultimately paid approximately $250,000) |
| Client Contact: | Mr. Bob Phillips GRE America Telephone no. 214/691-1016 |
Lopez, Rudolph vs. Maritime Overseas Corporation, et al.
Jones Act personal injury claimKnee and low back injuries
United States District Court - Galveston
| Demand: | unspecified (in excess of $50,000 jurisdictional limits) |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now with OSG Ship Management, Inc.) Telephone No. 212/953-4100 |
Lowry, William vs. Maritime Overseas Corporation, et al.
Jones Act personal injury claimBilateral hernia
United States District Court - Houston
| Demand: | $95,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now with OSG Ship Management, Inc.) Telephone No. 212/953-4100 |
Macip, Harry vs. Maritime Overseas Corporation, et al.
Jones Act personal injury claimTorn biceps muscle United States District Court - Houston
| Demand: | $125,000 |
| Judgment: | $35,000 (settled post-trial) |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now with OSG Ship Management, Inc.) Telephone No. 212/953-4100 |
Milla, Serafin vs. Maritime Overseas Corporation
Jones Act personal injury claimShoulder injury State District Court - Houston
| Demand: | $600,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now with OSG Ship Management, Inc.) Telephone No. 212/953-4100 |
Milla, Serafin vs. Maritime Overseas Corporation
Jones Act personal injury claimBack injury
United States District Court - Galveston
| Demand: | unspecified (in excess of $50,000 jurisdictional limits) |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now with OSG Ship Management, Inc.) Telephone No. 212/953-4100 |
Mitsubishi Corporation, et al. v. M/T PETROS, etc., et al.
Chemical cargo contamination - all defendants settled with plaintiffs for $400,000 and tried their cross-claimsUnited States District Court - Houston
| Demand: | $400,000 |
| Judgment: | No liability for client Dixie Carriers, which recovered its attorneys' fees |
| Client Contact: | Mr. Mark Buese Kirby Corporation Telephone no. 713/622-5502 |
Neff, John vs. Maritime Overseas Corporation, et al.
Jones Act personal injury claimInguinal hernia
State District Court - Houston
| Demand: | $130,000 |
| Judgment: | $25,000 (settled post-trial) |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now OSG Ship Management, Inc.) Telephone no. 212/953-4100 |
North American Trailing Co., et al. v. Tanker PROTANK MERSEY
Collision between tanker and dredge with trial for lost profitsUnited States District Court - Lake Charles
| Claim: | $4,200,000.00 |
| Settlement Demand: | $3,200,000.00 |
| Judgment: | $1,344,000.00 (settled post-trial) |
| Client Contact: | Mr. John Owen North of England Protecting and Indemnity Association Telephone no. 44-191-232-5221 |
Rivas, Napoleon vs. Maritime Overseas Corporation, et al.
Jones Act personal injury claimKnee injury
United States District Court - Houston
| Demand: | unspecified (in excess of $50,000 jurisdictional limits) |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. R.G. Naggiar Maritime Overseas Corporation (now OSG Ship Management, Inc.) Telephone no. 212/953-4100 |
Robbins, Kerry D. vs. Coastal Towing, Inc.
Jones Act personal injury claimShoulder, back and knee injury
State District Court - Houston
| Demand: | $90,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. David A. Anderson Coastal Towing, Inc. Telephone no. 713/943-5000 |
Simpkins, John vs. Ocean Ships, Inc.
Jones Act personal injury claim, plus claim for punitive damages for wrongful failure to pay maintenance and cureLow back injury
State District Court - Houston
| Demand: | $750,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. Robert T. Miller Ocean Ships, Inc. Telephone no. 281/579-3700 |
Solano, Marcos vs. M/V STAR SKARVEN, et al.
Longshoreman's third party personal injury claimCrushing injury to foot, plus punitive damage claim
United States District Court - Houston
| Demand: | $600,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. John B. Gallagher Trimar Defense Services, Inc. Telephone no. 212/425-5750 |
Stellakis, Patroclos v. Maritime Overseas Corporation
Jones Act personal injury claim and claim for willful and consciously indifferent refusal to furnish maintenance and cure.Brain damage
State District Court - Galveston
| Demand: | Plaintiff's counsel offered "high/low" settlement consisting of a guarantee of $1,000,000 by the Defendant, irrespective of the verdict, in exchange for a release of any amount awarded in excess of $10,000,000. |
| Judgment: | Judgment entered on jury findings that the vessel was unseaworthy and awarded the Plaintiff $350,000 in compensatory damages. Plaintiff take nothing on claim for exemplary damages for alleged refusal to furnish maintenance and cure. |
| Client Contact: | Mr. Ray Naggiar Maritime Overseas Corporation (now OSG Ship Management, Inc.) Telephone no. 212/953-4100 |
Trevino, Francisco Javier vs. Empresa Lineas Maritimas Argentinas
Longshoreman's third party personal injury claimBack injury
United States District Court - Houston
| Demand: | $250,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. John B. Gallagher Trimar Defense Services, Inc. Telephone no. 212/425-5750 |
Tumlinson, Elvis vs. Leigh Hoegh & Co. A/S
Longshoreman's third party personal injury claimKnee injury
United States District Court - Houston
| Demand: | $250,000 |
| Judgment: | Plaintiff take nothing |
| Client Contact: | Mr. Joseph MacDonald formerly of Rollins Hudig Hall of New York, Inc. |
Waiters, Thomas vs. Maritime Overseas Corporation
Jones Act personal claimBack injury
State District Court - Houston
| Demand: | $130,000 |
| Judgment: | Plaintiff take nothing on Jones Act and unseaworthiness allegations; Plaintiff take $27,000 (including pre-judgment interest and $10,000 in punitive damages) for wrongful failure to pay maintenance and cure; the Court of Appeals for First District of Texas ruled in favor of Defendant's challenge of award of pre-judgment interest and reversed same; the Supreme Court of Texas ruled in favor of Defendant's challenge of award of punitive damages and reversed same, holding for first time in State's history that such damages are not available in a maintenance and cure case. |
| Client Contact: | Mr. John Scalia Maritime Overseas Corporation (now with Trimar Defense Services, Inc.) Telephone no. 212/425-5100 |
Walden, Randall vs. Seariver Maritime, Inc. f/k/a Exxon Shipping Co.
Jones Act personal injury claim Cervical spine injury (fusion recommended)
United States District Court - Houston
| Demand: | $2,000,000 |
| Judgment: | $50,000 (verdict of $950,000 -- fault apportioned 95% to Plaintiff and 5% to Defendant; Jury ruled for Defendant on unseaworthiness issue). |
| Client Contact: | Mr. Al Galik Seariver Maritime, Inc. Telephone no. 713/758-5210 |
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