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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CALVIN HOWARD CIVIL ACTION
VERSUS NO. 13-4811
c/w 13-6407, 14-1188
OFFSHORE LIFTBOATS, LLC, et al
SECTION “E” (5)
This document relates to all cases
PRE-TRIAL ORDER
I. THE PRE-TRIAL CONFERENCE:
The Pre Trial Conference was held on January 8, 2016.
II. COUNSEL PARTICIPATING:
FOR PLAINTIFF, CALVIN HOWARD:
Ryan H. Zehl, Esq., TX Bar No. 24047166
Eric J. Allen, Esq. TX Bar No. 24071064
Kevin C. Haynes, Esq. TX Bar No. 24055639
ZEHL & ASSOCIATES PC
Galleria Tower I
2700 Post Oak Blvd., Suite 1120
Houston, Texas 77056
(713) 491-6064 Telephone
(713) 583-1492 Facsimile
Bobby J. Delise, Esq., T. A. LA Bar No. 4847
DELISE & HALL
7924 Maple Street
New Orleans, LA 70118
Telephone: (504) 836-8000
Telecopier: (504) 836-8020
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Alton J. Hall, Jr., Esq. LA Bar No. 2846
DELISE & HALL
528 W. 21st Ave.
Covington, LA 70433
Telephone: (985) 249-5915
Telecopier: (985) 809-5787
FOR PLAINTIFF, RAYMOND HOWARD:
John D. Sileo
Law Office of John D. Sileo
320 N. Carrollton Ave., Ste. 101
New Orleans La
Telephone: (403) 486-4343
Facsimile: (504) 297-1249
Frank A. Silvestri LSBA 12075
John P. Massicot, LSBA 9044 T. A.
M. Damien Savoie LSBA 19144
SILVESTRI & MASSICOT, LLC
3914 Canal Street
New Orleans, LA 70119
Telephone: (54) 482-3400
Facsimile: (504) 488-6082
Email: [email protected]
FOR DEFENDANT, OFFSHORE LIFTBOATS, LLC:
ROBERT S. REICH, T. A. (#11163)
LAWRENCE R. PLUNKETT, JR. (#19739)
Two Lakeway Center, Suite 1000
3850 North Causeway Boulevard
Metairie, Louisiana 70002
Tele: (504) 830-3999/Fax: (504) 830-3950
Email - [email protected]
FOR DEFENDANTS, K&K OFFSHORE, LLC, ATLANTIC SPECIALTY
INSURANCE COMPANY, MARKEL AMERICAN INSURANCE COMPANY,
PROCENTURY INSURANCE COMPANY, NAVIGATORS INSURANCE
COMPANY, UNITED STATES FIRE INSURANCE COMPANY, LLOYDS
UNDERWRITERS, AND TORUS INSURANCE COMPANY (UK), LIMITED:
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ANTHONY J. STAINES (#12388) (T.A.)
JASON R. KENNEY (#29933)
JEFF D. PEULER (#30017)
COREY P. PARENTON (#32918)
JAMES A. CROUCH, JR. (#35729)
3500 North Causeway Boulevard
Suite 820
Metairie, Louisiana 70002
Telephone: (504) 838-0019
Facsimile: (504) 838-0043
FOR MARKEL SYNDICATE MANAGEMENT LIMITED, LLOYD’S SYNDICATE
3000, UNDERWRITERS SUBSCRIBING TO POLICY NO. LF030030c
(“UNDERWRITERS”)
LARZELERE PICOU WELLS SIMPSON LONERO, LLC
Two Lakeway Center – Suite 1100
3850 N. Causeway Blvd.
Metairie, Louisiana 70002
Telephone: (504) 834-6500
Facsimile: (504) 834-6565
Wilson L. Maloz, III, T.A. (No. 26939), [email protected]
J. Daniel Picou (No. 13827), [email protected]
Cory T. Stuart (No. 33394), [email protected]
III. DESCRIPTION OF THE PARTIES AND CLAIMS
PLAINTIFFS:
Plaintiffs are Calvin Howard and Raymond Howard.
DEFENDANTS:
Offshore Liftboats, LLC was and is a Louisiana corporation; the owner of the L/B
JANIE; and, employer of plaintiffs, Calvin Howard and Raymond Howard. Offshore Liftboats is
a defendant as to both plaintiffs. Offshore Liftboats is also a cross-claim plaintiff against K&K
to recover maintenance and cure paid to both plaintiffs to the extent of K&K’s negligence under
Adams v. Texaco, Inc., 640 F.2d 618 (5th
Cir. 1981).
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K&K Offshore, LLC, (“K&K) is a Louisiana Limited Liability Company who operated
the M/V CONTENDER and employed the crew of the M/V CONTENDER on May 16, 2013.
Atlantic Specialty Insurance Company, Markel American Insurance Company,
ProCentury Insurance Company, Navigators Insurance Company, United States Fire Insurance
Company, Lloyds Underwriters, and Torus Insurance Company (UK), Limited are a pool of
insurers who collectively provided insurance to K&K that was effective on May 16, 2013.
Defendant, Markel Syndicate Management Limited, Lloyd’s Syndicate 3000,
Underwriters subscribing to Policy No. LF030030c (“Underwriters”). Underwriters issued
Policy No. LF030030c to its Named Insured, Offshore Liftboats, LLC, a co-Defendant in this
matter. All Cross-Claims that were asserted against Underwriters in this matter have been
dismissed, with prejudice. [Rec. Docs. 438, 446].
IV. JURISDICTION
This Court has jurisdiction of this matter pursuant to the Jones Act, 46 U.S.C.A. 30104,
and the General Maritime Law.
V. PENDING AND CONTEMPLATED MOTIONS:
PENDING MOTIONS
1. Plaintiffs’ motion for partial summary judgment on unseaworthiness of the
Defendant OLB’s vessel the JANIE, K&K’s vessel the CONTENDER, the
negligence of OLB as the Jones Act employer of plaintiffs and negligence of
K&K under the general maritime law, and that there was no comparative fault of
either plaintiff that was a proximate cause of their injuries.
2. Plaintiffs’ motion for spoliation and adverse inferences against both OLB and
K&K for failure to comply with mandatory Coast Guard drug and alcohol testing
of their employees who were involved in this incident.
3. Plaintiffs’ motion to exclude testimony of defendant’s maritime operations expert
Capt. Gregory Daley and Dr. Greve.
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4. Plaintiffs’ Motion for Partial Summary Judgment on the Defendants’ Limitation
Petitions.
5. Plaintiffs’ Motion in Limine regarding Dr. Greve – DOC # 346
6. Plaintiffs’ Motion in Limine regarding Dr. Thompson – DOC # 345
7. Plaintiffs’ Motion in Limine regarding Carla Seyler – DOC # 344
8. Calvin Howard’s Motion to Compel Written Discovery from OLB – DOC # 454
9. Calvin Howard’s Motion in Limine regarding preexisting injuries
10. Calvin Howard’s Motion in Limine regarding LOP’s/Insurance
11. Calvin Howard’s Motion in Limine regarding drug use
12. OLB’s Motion in Limine to Limit and/or Exclude the Testimony of Plaintiff’s
Liability Expert, Jack Madeley
13. OLB’s Motion in Limine to Limit and/or Exclude the Testimony of Plaintiff’s
Liability Expert, David Cole
14. OLB’s Motion in Limine to Limit and/or Exclude the Testimony of Plaintiff’s
Liability Expert, Mitchell Stoller
15. OLB’s Motion in Limine to Exclude Plaintiff Calvin Howard from Submitting
Evidence and Testimony of Speculative Future Resumption of Rehabilitative Care
on the Basis it is Unfairly Prejudicial
16. OLB’s Motion in Limine to Exclude the Submission of Deposition Testimony at
Trial
17. K&K’s Motion in Limine to Limit the Testimony of Plaintiff’s Liability Expert,
Jack Madeley
18. K&K’s Motion in Limine to Limit the Testimony of Plaintiff’s Liability Expert,
Mitchell Stoller
19. K&K’s Motion in Limine to Limit the Testimony of Plaintiff’s Liability
Expert, David Cole
20. K&K’s Motion in Limine to Limit the Testimony of Plaintiff’s Liability
Expert, Robert Watson
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21. K&K’s Motion in Limine to Limit the Testimony of Plaintiff’s Liability Expert,
Gregory Daley
22. K&K’s Motion for Summary Judgment
All parties reserve the right to file other evidentiary motions in limine within the
deadlines established by the Court’s Rule 16 Scheduling Order.
Contemplated
1. K&K’s Motion in Limine to Exclude Testimony about Drug Use and Drug Test
of Ryland.
2. K&K’s Motion in Limine to Exclude Testimony and Evidence Regarding the
Drug Test of Shawn Sizemore.
3. K&K’s Motion in Limine to Exclude Testimony and Evidence Regarding Post-
Accident Drug Screen of Capt. Godwin.
4. K&K’s Motion in Limine to Exclude Hearsay Testimony of Raymond and Calvin
Howard Regarding Changing Captains on the M/V CONTENDER.
5. K&k’S Motion in Limine to Strike Testimony of Shael Wolfson.
6. K&K’s Motion in Limine to Exclude Testimony Referencing K&K Manuals from
Previous Jobs.
7. K&K’s Motion in Limine to Exclude Dr. Harch as a Witness Pursuant to the
Court’s Order
8. Plaintiffs’ Motion in Limine regarding the exclusion of social media exhibits;
9. Motion in Limine to Strike the Testimony of Shelly Savant;
VI. BRIEF SUMMARY OF MATERIAL FACTS:
PLAINTIFFS:
The Incident
These consolidated cases arise from Plaintiffs’ Complaints for damages resulting from a
failed personnel transfer that occurred in the early morning hours of May 16, 2013 between
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Defendants Offshore Liftboats’ (OLB) vessel, the M/V JANIE to K&K Offshore’s (K&K)
vessel, the CONTENDER in the Gulf of Mexico. Plaintiffs Raymond and Calvin Howard, two
of three members of the Janie’s scheduled relief crew were to be transferred by personnel basket
from the M/V Contender via the inboard Ram 100 crane aboard the Janie. The crane was
operated at the time of the incident by OLB’s employee, Sylvester Richardson. Tim Arrington,
the third crewman who was to be transferred was not thrown from the basket but nonetheless
claimed injuries in the incident and settled his claims.
The Janie is a lift boat that stations itself adjacent to a fixed platform and jacks itself out
of the water on its lift legs. When lifted as it was here it is not subject to movement from wind
and seas as the Contender was during the lift. The Contender is a 110 foot utility vessel with two
propellers that control its movement and ability to stay stationary.
On the night of the incident, winds were reported between 15 to 20 knots and the seas
between 3 and 5 feet. Sylvester Richardson, the crane operator, dropped the basket on the
Contender’s deck without a signal to do so from the Contender’s signalman Blake Ryland, while
Captain Godwin was “struggling” to get the vessel into position, according to some of the
witnesses. Although it is alleged that the boom tip was reasonably centered over the bulls-eye on
the Contender’s stern deck at the moment it landed, Godwin’s efforts at positioning and normal
vessel movement would cause the basket to quickly become misaligned. Ryland nonetheless
signaled to the relief crew, which included Plaintiffs Raymond and Calvin Howard, to come out
and board the transfer basket. Plaintiffs loaded their bags with the signalman’s help and stepped
onto the basket as they were directed. Their primary job at that point was to hold on when the
basket is lifted. Ryland testified he looked up to make sure the basket was in a good position,
but saw it was misaligned under the tip of the boom and, according to him, that the boom tip was
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too low. Ryland states before he had a chance to give Richardson any kind of signal, the basket
was suddenly lifted by Richardson and it quickly swung into the stern jump deck, catching on the
railing. Ryland denies giving Richardson any signal to lift the basket.
There is clearly disputed testimony concerning whether a signal was given. Ryland states
that when Richardson started to lift, he grabbed the basket to try to steady it but was knocked
down and injured. The Janie’s A.B. Fernandez, Captain Lawrence and Chief Mate Simoneaux all
began yelling to Richardson to stop hoisting. Between Richardson’s continued hoisting and the
movement of the vessel, the basket netting ripped, propelling the basket into the air, which
caused Plaintiffs to drop approximately 15 to 20 feet to the Contender’s deck. Arrington was
somehow able to hold on and in due course was brought aboard the Janie by Captain Lawrence
who had rushed to the crane to take Richardson off the controls. Richardson stated that while he
observed the basket lift, he did not see it hang in the jump rail, as his view was obstructed by the
Janie’s port forward jack up leg, which is approximately 4.5 feet wide. Despite this, Richardson
continued to lift, contrary to safety policies and procedures, and the basket tore loose from the
jump deck rail throwing Plaintiffs to the deck of the Contender causing them both to suffer
severe, permanently disabling injuries.
The accident was the result of the negligence of both Defendants and the unseaworthiness
of both vessels as set forth in detail in the proposed statement of facts below and in Plaintiffs’
motion for partial summary judgment on liability. Briefly stated herein, the crews of both
vessels were inadequately trained, failed to follow company policies and procedures, industry
standards applicable to this operation and common sense. Defendants utterly failed to
communicate and coordinate when it was easy to have done so to prevent this occurrence.
Further neither of the Defendants followed mandatory requirements for drug and alcohol testing
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of the principals involved in this, although Ryland was tested subsequently tested for drugs when
he sought treatment for his own injuries and found positive for marijuana use. The Coast
Guard regulations exist to provide proof, one way or another, if a worker is under the influence
of drugs or alcohol at the time of an accident such as this. Plaintiffs have sought relief by
pending motions for Defendants non-compliance and, at minimum, an instruction that the jury
may presume such tests would have provided evidence of impairment. As noted in their
various motions, both Ryland and Richardson have records evidencing drug use and violations of
company policies concerning same.
The duty of a safe transfer between the vessels, safe ingress and egress is an absolute one
under the warranty of seaworthiness. This was an unsafe transfer that unquestionably failed to
provide safe egress or ingress.
The detailed facts that are in dispute are set forth further herein below in this Pre Trial
Order.
Raymond Howard’s Damages
Raymond Howard was thrown to the deck of the Contender causing severe and
permanently disabling injuries to his brain and spine requiring spine surgery and treatment which
continues and will continue indefinitely. Raymond was rendered unconscious as a result of
being thrown to the Contender’s deck. When he came to, he was groggy, dazed and confused.
He also suffered a significant blow to his spine resulting in herniated discs in both his cervical
and lumbar spine. He has had lumbar surgery while the cervical herniation has been treated
conservatively with trigger point injections, nerve blocks, physical therapy and medications. He
remains symptomatic for both cervical and lumbar pain and radiculopathy into his arms and
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hands, particularly on the left. He sustained traumatic brain injury which will necessitate
continued care indefinitely.
Raymond has been under the care of Dr. Vogel, neurosurgeon, who carried out radiologic
studies including a myelogram and a discogram and diagnosed the cervical and lumbar disc
herniations, performed the lumbar surgery and also diagnosed “pain centralization”. Dr.
Shamsnia, Raymond’s neurologist has been treating him for his spinal injury symptoms, sleep
disturbance and traumatic brain injury. Dr. Krivitsky, a psychiatrist and pain management
specialist has been treating Raymond for his pain. Dr. Frisbee, an ophthalmologist and retinal
specialist who has diagnosed and is treating Raymond for his traumatic astigmatism and vitreous
base disinsertion of his left eye caused by the blow to his head. Dr. Michell, a general
practitioner who initially treated Raymond for his headaches and spinal injuries, continues to
treat Raymond for weight loss and lifestyle changes to assist with his pain management and
recovery. Dr. Richoux, a psychiatrist who is treating Raymond for depression, anxiety, mood
disturbance and sequelae of his traumatic brain injury including symptoms of post-traumatic
stress disorder. Dr. Harch, a physiatrist is providing hyperbaric oxygen therapy treatments for
Raymond’s traumatic brain injury and for the damage to his spine.
Raymond suffers from severe head pain, neck, back and extremities complicated by his
pain centralization. He suffers from headaches, mood and sleep disturbance, severe depression
with suicidal ideation, anxiety, adjustment disorder, PTSD and a constellation of symptoms
associated with traumatic brain injury. His prognosis is poor and will require indefinite,
extensive medical care.
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Raymond is totally and permanently disabled. As a 28 year old captain of vessels earning
in excess of $100,000.00 annually, he now has income of $35 per day and then only until he
reaches maximum medical improvement of his injuries.
Special Damages
Medical
Provider Total Bill Current Balance
Christus St. Elizabeth $14,873.50 $0.00
Ochsner Hospital – Belle Chasse $2,684.00 $0.00
Westbank Healthcare Center $5,784.00 $0.00
Magnolia Diagnostics $2,800.00 $0.00
Dr. K. E. Vogel $26,440.00 $0.00
Advanced Medical Center $3,118.10 $1,525.00
Acadian Ambulance Service $1,872.00 $0.00
Louisiana Primary Care Consultants $330.00 $0.00
Advanced Neurodiagnostic Center $20,287.00 $19,018.00
Dr. Richard Richoux $3,400.00 $1,900.00
Dr. Susan Andrews $6,400.00 $200.00
Doctor’s Imaging $5,713.46 $0.00
Dr. Heitmeier/Frisbee/Nguyen $710.00 $710.00
Nevada Imaging Center $6,090.28 $0.00
Omega Hospital $13,322.16
Rehab Access $660.00 $660.00
Proscan Imaging $2,150.00 $0.00
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DMA $81,694.70 $57,251.50
Family Physicians Centers (Harch) $1,400.00 $0.00
West Jefferson Medical Ctr. (SPECT)$4,000.00 $0.00
Folse Pharmacy $1,380.34 $0.00
Lost wages, benefits and earnings capacity
Dr. Shael Wolfson & Dr. James Bartkus evaluated Raymond Howard’s economical loss
to be as follows:
At a prior annual wage of $106,489 the following was calculated:
Lost wages (from date of accident until trial) $153,731.00
Past Meal Cost $6,953.00
Future Earnings $2,359,240.00
Future Meal Cost $83,987.00
Fringe Benefit Contributions $505,050.00
After evaluating Dr. Gorman’s Life Care Plan, Wolfson & Bartkus determined that
plaintiff, Raymond Howard, will require a present value fund for future medical care of
$681,287.00.
Dr. Corneluis Gorman and Dr. Shelly Savant evaluated Raymond Howard and created a
life care plan, which requires a fund of $930,044.20. Due to recent testing and treatment options,
it is expected that Drs. Gorman and Savant will be providing an addendum to their life care plan
which will increase the cost of Plaintiff’s future medical and life care.
Plaintiff, Raymond Howard’s economic losses total $3,790,248.00 currently.
Calvin Howard’s Damages
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Calvin Howard was thrown to the deck of the Contender causing severe and permanently
disabling injuries, including a Traumatic Brain Injury and herniated discs in his lumbar and
cervical spine. As a result of these injuries, Mr. Howard has had to undergo residential
neurocognitive treatment at Touchstone and a cervical and lumbar fusion. Mr. Howard’s treating
physicians have testified that Mr. Howard will continue to suffer cognitive, behavior and
physical impairments and disability for the rest of his life and will require ongoing residential
treatment for his brain injury.
Special Damages
Medical
Provider Total Bill Current Balance
Acadian Ambulance Service $2,030.50 $0.00
Christus Hospital- St. Elizabeth $13,329.00 $0.00
Memorial MRI & Diagnostic $23,984.00 $23,984.00
River Parishes Hospital $448.25 $0.00
St. John Emergency Group $1,682.00 $1,682.00
Brignac Physical Therapy $22,984.00 $0.00
CVS Pharmacy $41.27 $0.00
Dr. Zoran Cupic $117,875.00 $14,680.00
Memorial Hermann Hospital $10,341.50 $0.00
OrthoMed $80,616.00 $26,186.00
Bayou Anesthesia & Pain $12,798.00 $0.00
University General Hospital $469,946.77 $0.00
Memorial Compounding Pharmacy $519.83 $0.00
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Dr. Ralph Lilly $14,250.00 $1,250.00
Touchstone Neurorecovery Center $50,406.00 $0.00
College Park Pharmacy $175.00 $0.00
Nexus Physician Services $2,912.00 $2,912.00
Dr. Larry Pollock (Cognitive
Therapy) $1,450.00 0.00
Dream Pharmacy $9,216.34 0.00
Whitsett Vision Group $847.00 0.00
Nurture Kare $684.00 $425.00
Quest Diagnostics $563.59 $563.59
Dr. Corneluis Gorman, a life care planner, and Dr. Shelly Savant, a neurologist, have
examined Mr. Howard and determined that his future medical expenses will require a fund of
$13,420,265.30.
Wages and lost earnings capacity
Dr. Kenneth McCoin evaluated Calvin Howard’s economical losses as follows:
Past Lost Earning Capacity $ 118,789.00
Future Lost Earning Capacity $ 1,887,684.00
Total Lost Earning Capacity (Past and Future) $ 2,006,473.00
Past Lost Household Services $ 2,592.00
Future Lost Household Services $ 49,106.00
Total Lost Earning Capacity (Past and Future) $ 51,698.00
TOTAL ECONOMIC LOSS (PAST AND FUTURE) $ 2,058,171.00
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DEFENDANT OFFSHORE LIFTBOATS
This matter arises out of an incident that allegedly occurred on or about May 16, 2013
when plaintiff Raymond Howard, a vessel captain and licensed Class A crane operator employed
by Offshore Liftboats, and plaintiff Calvin Howard, a mate and licensed Class A crane operator
employed by Offshore Liftboats, allege they were injured as a result of an incident that occurred
during a personnel basket transfer from the M/V CONTENDER, a vessel owned and operated by
K&K, to the L/B JANIE, a vessel owned by Offshore Liftboats and to which both plaintiffs were
assigned. Offshore Liftboats contends that the incident was caused by plaintiffs’ failure to utilize
their own training, education, and experience as seamen and Class A crane operators in failing to
lookout for their own safety and failing to be aware of their surroundings, as well as certain acts
of negligence of the operator of the M/V CONTENDER.
On the morning of May 16, 2013, plaintiffs, along with Tim Arrington, a fellow Offshore
Liftboats employee, were scheduled to crew change onto the L/B JANIE and relieve Captain
Tim Lawrence, mate Rick Simoneaux, and deckhand Jose Fernandez. The crew change, the
timing of which was established by Offshore Liftboats customer, Bay South/Tammany Oil and
Gas,1 was to take place during the early morning hours. Plaintiffs were transported from a dock
in Sabine, Texas to the L/B JANIE by the M/V CONTENDER, a vessel chosen for the crew
change by Bay South/Tammany Oil and Gas. Shortly before the M/V CONTENDER arrived at
the L/B JANIE, Captain James Godwin aboard the M/V CONTENDER radioed the L/B JANIE
and spoke with mate Rick Simoneaux, advising him of the M/V CONTENDER’s imminent
1 Plaintiffs both originally sued both Bay South and Tammany Oil and Gas, but later dismissed both parties.
Offshore Liftboats contends that plaintiffs’ damages, if any, should be reduced by the fault attributable to these two
parties pursuant to the Supreme Court’s holding in McDermott, Inc. v. AmClyde,, 511 U.S. 202, 114 S.Ct. 1461, 128
L.Ed. 2d 148 (1994).
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arrival. Because the M/V CONTENDER had previously been to the L/B JANIE at the location
in High Island Block 24 and the M/V CONTENDER’s crew was aware of the set up and location
of the liftboat, there was no further discussion regarding the mechanics of the personnel basket
transfer. The M/V CONTENDER was aware that, given the position of the L/B JANIE in
relation to the platform it was servicing, there was limited room for the L/B JANIE’s port crane,
which had been used in previous lifts to and from the M/V CONTENDER, to move. The
location of the L/B JANIE was dictated by Bay South/Tammany based on the work that needed
to be performed at the platform and the conditions on the floor of the Gulf of Mexico. As the
M/V CONTENDER approached the L/B JANIE, its captain was aware of the seas, current, and
winds and how those factors would impact his ability to control his vessel during the transfer.
Aboard the L/B JANIE after the conversation with the M/V CONTENDER, mate
Simoneaux met with Sylvester Richardson, a Class A licensed crane operator qualified to
perform personnel basket transfers and who had performed more than fifty personnel basket
transfers in the past and discussed the transfer. During this meeting, sometimes in the industry
called a “tailgate meeting,” Simoneaux and Richardson discussed the potential hazards of the lift,
including nighttime operations, weather, and the restricted ability of the crane to maneuver.
While no written record of the meeting was prepared, the two discussed the potential hazards
involved, and Simoneaux satisfied himself that Richardson was capable of safely performing the
lift and Richardson agreed with Simoneaux that he could do so safely. Thereafter, the personnel
basket, with a tagline connected, was attached to the crane and the crane boom, with the basket
attached, was swung over the side of the L/B JANIE in a position where the personnel basket
transfer could safely take place.
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While in the crane cab, with the basket ready to be lowered to the deck of the M/V
CONTENDER, Richardson observed the M/V CONTENDER back into position below the
basket. When it was safe to do so and the M/V CONTENDER was in position, Richardson
began lowering the basket to the M/V CONTENDER. Richardson knew he would receive
signals from the M/V CONTENDER’s deckhand who would be on the back deck and
Richardson had clear sight of the back deck which was sufficiently illuminated for Richardson to
safely conduct the transfer. Even though he was going to receive signals from the deckhand,
Richardson had a radio in the crane cab that was on the agreed working channel and Richardson
could have used that radio to communicate with the M/V CONTENDER had he needed to do so.
Similarly, the M/V CONTENDER had a radio at the stern controls if its captain needed to
communicate with Richardson. The M/V CONTENDER’s deckhand did not have a radio.
Further, the M/V CONTENDER did not have any PA system or loud hailer on the back deck.
The only way for the M/V CONTENDER’s captain and deckhand to communicate was by
yelling back and forth.
Once he observed the M/V CONTENDER in position below the basket, Richardson
lowered the basket and landed it on the M/V CONTENDER’s deck, almost precisely on the
bullseye, the target painted on the M/V CONTENDER’s back deck. At no time did anyone from
the M/V CONTENDER object to Richardson lowering the basket or ask him to raise the basket
in order that the M/V CONTENDER could further maneuver prior to receiving the basket. In
fact, once the basket was on the deck, the M/V CONTENDER’s captain and deckhand instructed
the Offshore Liftboats employees to move from the back of the M/V CONTENDER’s house to
the area where the personnel basket was located some forty feet aft of the house. At no time did
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the M/V CONTENDER’s crew ask the three Offshore Liftboats employees, including the two
plaintiffs, to wait or not board the personnel basket.
After all three individuals stepped on the basket, the M/V CONTENDER’s deckhand
gave Richardson the signal to hoist the basket, which Richardson did. Plaintiffs claim that the
relative position of the basket moved rapidly in the direction of the stern rail of the vessel. What
actually happened is the M/V CONTENDER began rapidly pulling forward, away from the L/B
JANIE and the platform, causing the handrail on the stern of the M/V CONTENDER to contact
the basket. The ring on the basket became lodged in the handrail and the continued movement of
the M/V CONTENDER increased the tension on the basket’s webbing and pulled the basket and
the stern of the M/V CONTENDER into a position where Sylvester Richardson could no longer
see the basket. Several of the JANIE’s crew members observed what happened and began
yelling to Richardson, who immediately ceased hoisting. The M/V CONTENDER, however,
continued moving forward increasing the tension on the basket until it broke free from the
handrail, causing Calvin and Raymond Howard to fall from the basket. Tim Arrington remained
with the basket and was ultimately lifted onto the L/B JANIE.
Both Calvin Howard and Raymond Howard fell a short distance to the deck of the M/V
CONTENDER. Neither was knocked unconscious. They received first aid from the M/V
CONTENDER’s crew and were then transported back to shore where they were met by
emergency medical technicians. There is no credible evidence that either Calvin Howard or
Raymond Howard lost consciousness following the incident or were otherwise in an altered
mental state. The evidence will establish that both individuals were able to communicate with
the M/V CONTENDER’s crew during the trip back to the shore and were able to communicate
with the Emergency Medical Technicians who transported them to Christus St. Elizabeth
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Hospital. Both individuals’ Glasgow Coma Scale score was a perfect 15 at the time they were
first examined by EMTs. Their Glasgow Coma Scales remained a 15 for the entirety of the time
they were at Christus St. Elizabeth Hospital.
Since the incident, plaintiff Calvin Howard has complained of a number of physical and
mental maladies which he alleges relate to the incident. Though a number of physicians who
examined Calvin Howard in connection with this litigation found there to be nothing physically
or cognitively wrong with him, Calvin Howard has undergone lumbar and cervical surgeries by
Dr. Zoran Cupic a Houston, Texas orthopedic surgeon. Further, plaintiff’s
cognitive/psychological treatment has been provided by two Houston, Texas doctors, rather than
by doctors who are closer to plaintiff’s residence. Calvin Howard also began but voluntarily
withdrew from cognitive rehabilitation. Offshore Liftboats contends that neither the cervical nor
lumbar surgeries were necessary and that plaintiff does not have any cognitive deficits as a result
of this incident. In fact, Dr. Kevin Greve will testify at trial that based on the objective results of
standardized tests, Calvin Howard is malingering and/or exaggerating his complaints for
financial gain.
Similarly, plaintiff Raymond Howard has made a number of physical and mental
complaints since the incident that are not supported by the medical evidence. A number of
physicians will testify that plaintiff does not have any physical or cognitive issues as a result of
this incident. Nevertheless, plaintiff underwent a lumbar surgery and should have long since
reached medical improvement following that treatment.
Offshore Liftboats contends both plaintiffs are capable of returning to substantial
employment in the future. To the extent they are not able to return to their previous
employment, the realities of the downturn in the oil filed generally, and specifically the downturn
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in Offshore Liftboats’ business must be taken into account in connection with economic losses.
Offshore Liftboats has cut salaries across the board on two occasions since this incident.
Therefore, even if plaintiffs would have survived layoffs with Offshore Liftboats, their salaries
would have been substantially reduced both as a result of not enough work, which would reduce
the number of days they could work in a year, and a substantial reduction in their daily rates.
Offshore Liftboats contends that it was not negligent nor was the L/B JANIE
unseaworthy in any way that caused or contributed to this incident. To the extent the jury finds
Offshore Liftboats negligent and/or the vessel unseaworthy, Offshore Liftboats contends that
such acts or conditions were not within its corporate privity and knowledge and, thus it is entitled
to limit its liability to the value of the L/B JANIE and its freight then pending.
K&K OFFSHORE, LLC, ATLANTIC SPECIALTY INSURANCE COMPANY, MARKEL
AMERICAN INSURANCE COMPANY, PROCENTURY INSURANCE COMPANY,
NAVIGATORS INSURANCE COMPANY, UNITED STATES FIRE INSURANCE
COMPANY, LLOYDS UNDERWRITERS, AND TORUS INSURANCE COMPANY (UK),
LIMITED.
General Background Information
This incident involves a personnel basket transfer of three OLB employees from the
K&K vessel, the M/V CONTENDER, to OLB’s jack-up, the L/B JANIE. The incident occurred
in the Gulf of Mexico on May 16, 2013, between approximately 2:00 a.m. and 2:30 a.m. The
M/V CONTENDER had a four person crew that consisted of Captain James Godwin, Captain
Shawn Sizemore, Daniel Blake Ryland, and Darwin Robertson. At the time of the incident,
Captain Godwin was operating the M/V CONTENDER and Daniel Blake Ryland served as the
deckhand aboard the M/V CONTENDER. The crane on the L/B JANIE was operated by
Sylvester “Nick” Richardson.
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The OLB crew who were scheduled to be transferred to the L/B JANIE consisted of
Raymond Howard, Calvin Howard, and Tim Arrington. Captain Lawrence, Captain Simoneaux,
and Mr. Fernandez all were scheduled to depart the L/B JANIE after Calvin Howard, Raymond
Howard, and Tim Arrington were transferred aboard the L/B JANIE.
The Incident
Prior to the personnel transfer, the captain of the M/V CONTENDER, Captain Godwin,
radioed the L/B JANIE and informed them that the estimated time of arrival was approximately
15 minutes. As the M/V CONTENDER approached the L/B JANIE and got into position, the
OLB crane operator, Sylvester “Nick” Richardson, already had the basket extended over the
water, indicating the location of the transfer.
As the M/V CONTENDER was still maneuvering into position, Sylvester “Nick”
Richardson prematurely lowered the personnel basket on to the deck of the M/V CONTENDER.
Once the basket landed on the deck, Daniel Blake Ryland waved the OLB employees to, “Come
on,” and begin loading their bags into the basket. The passengers (Raymond Howard, Calvin
Howard, and Tim Arrington) then walked towards the basket, loaded their bags, but also boarded
the basket without instructions to do so.
As soon as the passengers prematurely boarded the basket, Sylvester Richardson began
lifting the basket before receiving a signal that the personnel on the M/V CONTENDER were
ready. When the crane operator unilaterally decided to lift the basket, the basket was still out of
alignment from Sylvester Richardson’s premature dropping of the basket. As a result, when
Sylvester Richardson raised the basket, it immediately swung towards the stern of the vessel
because it was not aligned under the tip of the boom. When it swung to the stern of the vessel
the basket got caught on the handrail of the jump deck on the M/V CONTENDER. Instead of
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recognizing the problem, Sylvester Richardson continued to hoist the basket putting pressure on
the crane line.
The basket eventually broke free, causing two of the three passengers to fall onto the
deck of the M/V CONTENDER. Sylvester Richardson testified he stopped hoisting when he
heard screaming from the other OLB employees aboard the L/B JANIE. Richardson further
testified that he did not witness the basket get caught on the handrail and did not see the basket
sling shot into the air.
Plaintiffs’ Comparative Fault
In addition to OLB’s employees’ failures to perform their duties, both Calvin Howard
and Raymond Howard caused this incident by failing to lookout for their own safety and failing
to be aware of their surroundings. Both plaintiffs are experienced seamen with Class A crane
certifications. In addition to being experienced Class A crane operators, Raymond Howard was
the captain of the L/B JANIE and Calvin Howard was the mate. As a captain and mate, their job
duties entail not only looking out for their own safety, but also the supervision and training of the
employees of lesser rank.
Both plaintiffs allege that they had no responsibilities for their own safety during the
transfer. K&K disagrees and asserts that the passengers are not only responsible for their own
safety but also play an active role in order to conduct a successful personnel transfer.
Plaintiffs’ Alleged Damages
Both plaintiffs claim they have traumatic brain injuries after the incident. However, there
is no credible evidence that either plaintiff has any real brain injury. After the incident, both
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plaintiffs were brought to the emergency room for medical examinations. All tests and imaging
were negative, and both plaintiffs were discharged in stable condition.
Numerous physicians examined Calvin Howard after the incident and found nothing
physically or cognitively impaired with Calvin as a result of the incident. However, Calvin’s
attorneys sent Calvin to Houston for treatment, and Calvin underwent lumbar and cervical
surgeries. Calvin also sought psychological treatment in Houston until he voluntarily withdrew
from the program. Defense experts will opine that the cervical and lumbar surgeries that Calvin
has undergone were not necessary, and that Calvin does not have any cognitive deficits. Further,
defense experts will opine that Calvin is exaggerating his complaints for financial gain.
Raymond Howard also has made a number of physicial and mental complaints since the
incident that are not supported by any credible medical evidence. Similar to his cousin Calvin,
numerous physicians will testify that Raymond does not have the physical and mental deficits he
alleges are a result of this incident. Nevertheless, Raymond underwent a lumbar surgery and
now is alleging a brain injury.
K&K contends that both plaintiffs are capable of returning to substantial employment in
the future. To the extent they cannot return to their previous employment, the downturn in the
oil field business must be considered with any alleged economic losses. Further, as will be
demonstrated at trial, both plaintiffs are capable of gainful employment in industries other than
their previous employment.
There is no negligence on behalf of K&K that was a substantial factor in causing or
contributing to this incident. To the extent a jury may find K&K’s employees negligent, such
acts of negligence were occasioned without the privity or knowledge of K&K; and therefore,
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K&K is entitled to limit its liability to the value of the M/V CONTENDER and its freight then
pending.
UNDERWRITERS
Underwriters adopt the ‘Summary of Material Facts’ submitted by Offshore Liftboats,
LLC, in its entirety, as if set forth herein on behalf of Underwriters in extenso.
Additionally, on behalf Underwriters:
Underwriters issued Policy No. LF030030c to Named Insured Offshore Liftboats, LLC
for the Period of February 28, 2013 to February 28, 2014. The Policy, as a written document, is
the best evidence of its terms, conditions, provisions, exclusions, limitations, endorsements, and
other contents.
In addition to various other claims, Plaintiffs in this matter have asserted claims for
punitive damages under various theories of recovery. As the court recently ruled, Plaintiffs in
this matter cannot recovery punitive damages from Offshore Liftboats, LLC, unless and
exclusively if “it is proven that OLB’s failure to pay maintenance and cure was willful and
wanton.” [Rec. Doc. 400].
Policy No. LF030030c contains a specific Condition “Excluding Fines, Penalties and
Punitive Damages, Exemplary Damages and Treble Damages resulting from the Multiplication
of Compensatory Damages.” Pursuant to the clear and unambiguous language of the Condition,
Policy No. LF030030c does not provide coverage for any of the claims for punitive damages
asserted by either Plaintiff in this matter.
VII. UNCONTESTED MATERIAL FACTS
1. At all times pertinent hereto, the M/V JANIE was operated by OLB in navigable
waters in the Gulf of Mexico.
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2. Plaintiffs were seaman within the meaning of the Jones Act and OLB was a Jones Act
employer of Plaintiffs.
3. At all pertinent times K&K was the operator and owner pro hac vice of the M/V
CONTENDER.
4. On the day in question, the Howards and Arrington were transported aboard the M/V
Contender to the M/V Janie, which was lifted on its legs alongside a fixed platform.
5. At all times pertinent hereto, the JANIE’s second officer was Chief Mate, Rick
Simoneaux.
6. At all times pertinent hereto Captain Lawrence, Chief Mate Simoneaux, A.B.
Fernandez and Sylvester Richardson were all licensed class “A” crane operators
aboard the JANIE.
7. At all material times Raymond Howard was a licensed captain employed by Offshore
Liftboats.
8. At all material times Raymond Howard was a licensed Class A crane operator.
9. At all material times Calvin Howard was a licensed mate employed by Offshore
Liftboats.
10. At all material times Calvin Howard was a licensed Class A crane operator.
11. At all material times Sylvester Richardson was a licensed Class A crane operator.
12. Underwriters issued Policy No. LF030030c to Named Insured Offshore Liftboats for
the Period of February 28, 2013 to February 28, 2014. Policy No. LF030030c, as a
written document, is the best evidence of its terms, conditions, provisions, exclusions,
limitations, endorsements, and other contents.
13. Policy No. LF030030c contains a specific Condition “Excluding Fines, Penalties and
Punitive Damages, Exemplary Damages and Treble Damages resulting from the
Multiplication of Compensatory Damages.”
14. At all pertinent times James Godwin was a licensed captain employed by K&K
Offshore.
15. At all pertinent times Daniel Blake Ryland was a certified rigger employed by K&K
Offshore.
16. Calvin Howard’s Glasgow Coma Scale score on May 16, 2013 was a 15 when
examined at Christus St. Elizabeth Hospital by Dr. James Barton.
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17. Raymond Howard’s Glasgow Coma Scale score on May 16, 2013 was a 15 when
examined at Christus St. Elizabeth Hospital by Dr. James Barton.
VIII. CONTESTED ISSUES OF FACT:
1. Unseaworthiness of the L/B JANIE and negligence of its employees.
2. Unseaworthiness of the M/V CONTENDER and negligence of its employees.
3. The L/B JANIE and M/V CONTENDER failed to provide the Howards with a safe
personnel transfer.
4. The L/B JANIE failed to provide plaintiffs safe ingress.
5. The M/V CONTENDER failed to provide Plaintiffs safe egress.
6. OLB and K&K owed a shared duty to provide a safe transfer of the Plaintiffs between
their vessels.
7. Whether Plaintiffs’ damages were the result of an unsafe personnel transfer.
8. There was inadequate training of the L/B JANIE’s crew by OLB
9. Whether there was inadequate training of the M/V CONTENDER’s crew by K&K.
10. There was inadequate communication and/or coordination between the L/B JANIE
and the M/V CONTENDER for this personnel transfer.
11. Negligence of OLB in the hiring, training and discipline of its personnel aboard the
L/B JANIE, including without limitation, in any of the particulars set forth herein.
12. Negligence of K&K in the hiring, training and discipline of its personnel aboard the
M/V CONTENDER, including without limitation, hiring Blake Ryland despite the
fact that he had been terminated by Diamond Offshore for failing a drug test.
13. Inadequacy and/or incompetency of the L/B JANIE’s crew, including, without
limitation, in any of the particulars set forth herein.
14. Inadequacy and/or incompetency of the CONTENDER’s crew, including, without
limitation, in any of the particulars set forth herein.
15. Whether a personnel transfer at night in “rough” seas is a potentially dangerous,
critical and/or complex operation.
16. Whether OLB and K&K’s policies and/or procedures required a written Job Safety
Assessment be provided or prepared prior to performing the personnel transfer.
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17. Whether OLB and K&K performed written JSAs in connection with prior personnel
transfers.
18. Whether a JSA (whether written or verbal) that identified the hazards associated with
performing the personnel transfer at issue was performed by the Janie’s or
Contender’s crew in connection with the personnel transfer at issue.
19. Whether the personnel transfer should have been postponed because of the limited
visibility and/or wind and sea conditions.
20. The sea conditions prior to and at the time of the incident.
21. The wind speed prior to and at the time of the incident.
22. The visibility at the time of the incident.
23. The planning and communications that took place on and/or between the Contender
and the Janie to reduce the harm to the crewmembers, including Plaintiffs, onboard
the transfer basket and to otherwise ensure that the personnel transfer was performed
as safely as possible.
24. Whether the personnel transfer at issue was or should have been considered a “blind”
lift.
25. Whether the proximity of the Janie to the adjacent platform and the fact that the
Janie’s leg obstructed the crane’s ability to swing increased the hazards associated
with the personnel transfer at issue when combined with the wind and sea conditions,
the failure to perform a JSA, and/or the lack of communications between the Janie
and Contender prior to and during the transfer.
26. Whether the sea and/or wind conditions that existed on the night of the incident in
question exceeded the maximum “operating conditions” contained in the RAM 100’s
“marine crane user catalog.”
27. The direction and effect of the current on the Contender.
28. The direction and effect of the wind on the Contender, the Janie’s crane, and the
personnel basket.
29. Adequacy of hand signals at the time of the incident.
30. Adequacy of the planning and/or communications that took place between the
Contender and the Janie prior to and during the personnel transfer at issue.
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31. Adequacy of the training, experience and instructions that were provided to the
crewmembers of the Janie and the Contender concerning the performance of
personnel transfers.
32. Safe operating parameters of the RAM 100 crane.
33. Precise location and orientation of the Contender at the time of the lift.
34. Whether Master Sizemore served as the Captain or otherwise operated the Contender
on the night of the incident in question.
35. Whether Captain Godwin or Master Sizemore had trouble positioning and/or
maintaining position of the CONTENDER prior to and/or during the transfer.
36. Whether the boom of the Janie’s Ram 100 crane was positioned in a manner that
increased the likelihood that the basket would swing laterally or in a manner that
otherwise increased the hazards associated with the personnel transfer, particularly in
the absence of radio communications between the Richardson and Ryland.
37. Whether it was foreseeable that the personnel transfer at issue could or would become
a” blind” lift.
38. Whether OLB’s policies recommended or required that a written JSA be performed in
connection with the personnel transfer at issue.
39. Whether radio communications between Richardson and Ryland would have reduced
the likelihood of or prevented the incident or otherwise made the transfer safer.
40. Whether K&K and/or OLB’s safety procedures, industry customs or standards, crane
operating standards or customs and/or common sense or experience called for the use
of radio communications between Richardson and Ryland in connection with the
transfer at issue.
41. Whether K&K and/or OLB’s safety procedures, Billy Pugh’s recommended safety
practices, industry customs or standards, crane operating standards or customs, and/or
common sense or experience called for the performance of a verbal or written JSA in
connection with the personnel transfer at issue.
42. Whether K&K and/or OLB’s safety procedures, Billy Pugh’s recommended safety
practices, industry customs or standards, crane operating standards or customs, and/or
common sense or experience called for Richardson to wait for a clear signal from
Ryland before hoisting/lifting the transfer basket.
43. Whether K&K and/or OLB’s safety procedures, industry customs or standards, crane
operating standards or customs, and/or common sense or experience called for
Richardson to repeat back or otherwise confirm that he correctly understood any
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signals that he was provided by Ryland prior to acting upon or moving the crane in
accordance with those signals.
44. Whether Ryland instructed plaintiffs to load the basket before ensuring that the boom
was properly aligned.
45. Whether Ryland should have checked the alignment of the crane’s boom over the
transfer basket before calling the plaintiffs out to the basket and/or signaling plaintiffs
to climb aboard the basket.
46. Whether Ryland gave Richardson a signal to lift the basket, and if so, whether it was
a proper signal given at a time when it was safe for Richardson to begin
hoisting/lifting the basket.
47. Whether Richardson hoisted/lifted the transfer basket when his visibility of the basket
was partially or fully obstructed or otherwise compromised in anyway.
48. Whether Richardson lost sight of the transfer basket during the transfer at issue, and,
if so, when he lost sight.
49. Whether Sylvester Richardson, as the crane operator, had the ultimate and/or final
responsibility to determine whether it was safe to hoist/lift the transfer basket,
regardless of any signal he may have received from Ryland, prior to doing so.
50. Whether Simoneaux expected, recommended or otherwise believed that Richardson
would use a radio to communicate with the Contender prior to and/or during the
transfer.
51. Whether Captain Lawrence understood or was otherwise aware that Richardson
would not be using a radio to communicate with the Contender prior to and/or during
the transfer and considered it safe to perform the transfer, nonetheless.
52. Whether OLB’s policies or procedures required additional crewmembers to serve as
“signalman”, “spotters,” or otherwise assist Richardson in performing the transfer at
issue.
53. Whether Richardson expected or believed that Captain Lawrence was going to assist
him by serving as a “signalman,” “spotter,” or otherwise participating in the transfer
at issue.
54. Whether Captain Lawrence understood that Richardson was relying on him to assist
with the transfer at issue by serving as a “spotter” or “signalman.”
55. Whether the Contender prematurely moved forward during the transfer.
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56. The position of the crane’s boom and transfer basket during the transfer at issue and
whether the transfer basket was misaligned prior to the time that Richardson began
hoisting/lifting it.
57. Whether the crane’s boom was at a safe and proper height or whether it was too low
for the lift to be performed safely when Richardson began hoisting/lifting the transfer
basket.
58. Whether Richardson’s negligence, lack of experience, inadequate training, and/or
impairment caused or contributed to the incident in question.
59. Whether Tim Lawrence’s negligence, lack of experience, and/or inadequate training
caused or contributed to the incident in question.
60. Whether Rick Simoneaux’s negligence, lack of experience, and/or inadequate training
caused or contributed to the incident in question.
61. Whether Ryland’s negligence, inexperience, inadequate training, and/or impairment
caused or contributed to the incident in question.
62. Whether Master Sizemore’s negligence, inexperience, inadequate training, and/or
impairment caused or contributed to the incident in question.
63. Whether Captain Godwin’s negligence, inexperience, and/or inadequate training
caused or contributed to the incident in question.
64. Whether Richardson began hoisting/lifting the transfer basket prematurely and
whether Ryland had adequate time to notice any alignment problems between the
crane’s boom and the transfer basket before Richardson began hoisting/lifting the
transfer basket.
65. Whether the absence of radio communications between Ryland and Richardson
prevented or otherwise interfered with Ryland’s ability to communicate any problems
with the transfer, including but not limited to any alignment issues between the
crane’s boom and the transfer basket, to Richardson before Richardson began
hoisting/lifting the basket or in time to prevent the incident in question.
66. Whether Ryland and/or Richardson understood and used appropriate hand signals
during the lift.
67. Whether Richardson dropped the basket on the deck of the Contender prematurely,
without a signal to do so.
68. Whether Richardson was required by his training, crane operation practices or
guidelines, industry standards or customs, experience, safety policies or procedures
and/or common sense to stop hoisting/lifting when he lost sight of the basket.
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69. When Richardson stopped hoisting/lifting the transfer basket and what caused him to
do so.
70. Whether Raymond and/or Calvin Howard would have boarded the transfer basket if
they had known that Sylvester Richardson was the crane operator.
71. Why Captain Lawrence pulled Sylvester Richardson out of the crane booth and took
over operations of the crane during the transfer at issue.
72. Whether JSAs that should have been prepared for and performed (on both the JANIE
and CONTENDER) prior to the personnel transfer required (1) the clear delineation
of the tasks involved for a safe lift among the crewmembers involved with the
transfer, (2) identification of the hazards that could be encountered with the lift and
how to prevent those hazards from occurring, (3) the designation of the personnel
who would perform each task during the transfer, (4) the communications that would
take place prior to and during the lift to ensure that the lift was performed safely, (5) a
discussion of the sea conditions, wind conditions, and lighting conditions, and (6) a
discussion of the fact that the sea, weather, and lighting conditions combined with the
restricted ability of the RAM crane to swing left or right because of the adjacent
platform and leg of the JANIE, could affect the safe performance of the personnel
transfer.
73. Whether this operation should have performed, given the sea conditions, wind
conditions, lighting conditions, lack of communications between the CONTENDER
and JANIE, the inexperience of the Crane Operator, Sylvester Richardson, the fact
that neither OLB or K&K actually provided a drug free workplace, the fact that
Ryland and Sizemore were under the influence of illegal drugs, and the fact that the
RAM 100’s ability to swing left and right was limited by the adjacent platform and
leg of the JANIE.
74. Whether OLB and/or K&K failed to perform necessary background checks on
potential employees prior to hiring them.
75. Whether OLB and/or K&K failed to provide necessary and proper training to their
employees, including but not limited to the individuals onboard the Janie and the
Contender at the time of the incident, concerning, among other things, safe crane
operations and the performance of personnel transfers.
76. Whether OLB and/or K&K were aware that their employees were or had been using
illegal drugs either on or off the job.
77. Why OLB and K&K failed to perform timely post-accident drug and alcohol tests on
the crewmembers involved with the incident in question.
78. Why Sylvester Richardson was selected to operate the crane during the transfer at
issue.
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79. Why the personnel transfer at issue was performed when it was, given Sylvester
Richardson’s inexperience, the lack of communications between Richardson and
Ryland and/or the Contender’s captain, and the existing lighting and weather
conditions.
80. Whether OLB and/or K&K knew or should have known of the following prior to the
incident in question: (1) that Sylvester Richardson was the least experienced crane
operator onboard the Janie, (2) that neither Ryland, Sizemore or Godwin
communicated with Sylvester Richardson about the transfer at issue prior to or during
the transfer, (3) that Ryland did not have a radio through which he could
communicate with Richardson prior to or during the transfer at issue, (4) that Ryland
used illegal drugs prior to the incident in question, which caused him to be impaired
on the night of the incident and/or fail his post-accident drug test, (5) that Sizemore
used illegal drugs prior to the incident in question, which caused him to be impaired
on the night of the incident and/or fail his post-accident drug test, (6) that Sylvester
Richardson used illegal drugs prior to the incident in question, which prompted him
to dilute his post-accident drug test and/or impaired his ability to safely operate the
crane on the night of the incident, (7) that the Contender did not have a wind gauge to
determine the wind speed prior to or at the time of the transfer in question, (8) that the
Contender did not have equipment that enabled the crew to monitor or determine the
sea conditions prior to or during the transfer at issue, (9) that the Janie did not have
equipment that enabled the crew, including but not limited to the crane operator, to
monitor or determine the sea conditions prior to or during the transfer at issue, (10)
that the adjacent platform and the Janie’s leg obstructed the RAM 100’s ability to
swing left or right, (11) that wind was between 15 and 20 knots at the time of the
transfer at issue and the seas were between 3 and 5 feet, (12) that the RAM 100’s
operating manual states that the maximum operating conditions for the crane are 23
mph and 4.3 feet (average wave height), (13) that OLB’s policies authorized the
RAM 100 crane to be operated in excess of the maximum wind speed identified in the
operating manual, (14) that Sylvester Richardson was not licensed as a “OS” at the
time of the incident in question, (15) that Sylvester Richardson did not have a license
issued by the United States Coast Guard at the time of the incident in question, (16)
that a written JSA would have assisted the crew involved with the transfer at issue in
identifying potential hazards associated with the transfer at issue and the manner in
which those hazards can be reduced or eliminated, (17) the Janie’s captain and first
mate did not require a written or verbal JSA to be performed in connection with the
personnel transfer at issue, (18) that radio communications between Richardson and
Ryland would have reduced or eliminated the likelihood of miscommunications and
errors concerning the manner in which the transfer at issue was to be performed,
when it was safe to hoist/lift the basket, the fact that the basket became stuck on the
Contender’s jump deck, and whether there were any other hazards or conditions that
could interfere with the safe performance of the transfer at issue, (19) that the sea and
wind conditions that existed at the time of the transfer at issue increased the risk of
harm associated with the transfer, (20) that the lighting conditions were dark and
little, if any, illumination was provided by the vessels’ lights during the transfer, (21)
that OLB’s and/or K&K’s employees used illegal drugs while they were on and/or off
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duty, (22) that Ryland, Sizemore and Godwin has never been trained by K&K
concerning how to perform personnel transfers, (23) that Sylvester Richardson has
never been trained concerning how to perform personnel transfers, (24) that neither
Ryland, Sizemore, Godwin, or Richardson has ever been trained concerning the
maximum safe wind and sea conditions that can exist during a personnel transfer, (25)
that neither Ryland, Sizemore, Godwin or Richardson has been trained regarding the
identification of blind or potentially blind lifts and the hazards associated with blind
or potentially blind lifts, and (26) that neither Ryland, Sizemore, Godwin or
Richardson has ever been trained regarding the communications that should take
place between the crane operator and the signalman and/or supply vessel’s captain
prior to and/or during a personnel transfer.
81. Whether Captain Lawrence, Chief Simoneaux, Master Sizemore and/or Captain
Godwin failed to properly train their crews concerning, among other things, safe
crane operations, the use and effect of illegal drugs, the hazards and risks associated
with personnel transfers, and the performance of JSAs in connection with personnel
transfers.
82. Whether the “on the job” training provided by OLB and K&K to its personnel,
including Richardson and Ryland, was adequate.
83. Whether there was any safety justification for Richardson and Ryland to not use
direct radio communications and/or whether this was a patently unsafe means of
attempting this lift.
84. Whether Ryland’s hiring by K&K was a mistake admitted to by its safety chief.
85. Whether Ryland should ever have been hired by K&K because he had been
terminated by Diamond Offshore for failing a drug test.
86. Whether K&K considered Ryland to have the experience, qualifications and training
to safely perform his job.
87. Whether K&K and OLB failed to comply with Coast Guard regulations concerning
mandatory drug and alcohol testing of involved personnel following this incident.
88. Whether Ryland, Sizemore, and/or Richardson were under the influence of illegal
drugs at the time of the incident in question.
89. Whether K&K and/or OLB routinely failed to comply with CG regulations for
mandatory drug and alcohol testing of persons involved in serious accidents aboard
their vessels.
90. Whether the purpose of Coast Guard mandatory drug and alcohol testing is to
promote safety and determine whether alcohol or drugs caused or contributed to
serious accidents, like this one.
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91. Whether Richardson was subsequently fired from OLB for violating the company’s
drug policies.
92. Why OLB and K&K prohibit their employees from using drugs and whether this
prohibition is limited to using drugs at the workplace or extends to drug use while the
employee is off duty.
93. Whether Richardson, Sizemore and Ryland routinely used illegal drugs while
employed by OLB and K&K.
94. Whether Bay South, Inc. and/or Tammany Oil & Gas were negligent in any way that
caused or contributed to this incident in:
a. Choosing the time of the crew change;
b. Choosing the M/V CONTENDER to perform the crew change;
c. Positioning the L/B JANIE in an unsafe location;
d. Failing to have a properly positioned swing rope;
e. Failing to follow its’ own safety rules and those mandated by government
authorities; and
f. Other acts of negligence to be proved at trial.
95. Whether plaintiffs Raymond Howard and/or Calvin Howard were solely or
comparatively at fault in causing this incident by:
a. Failing to be aware of their surroundings.
b. Failing to exercise stop work authority.
c. Failing to use their training and experience as prudent seamen before
boarding the personnel basket.
d. Failing to use their training and experience as prudent Class A crane
operators before boarding the personnel basket.
e. Failing to take into account the sea conditions and winds before boarding
the personnel basket.
f. Failing to determine whether the basket was in line with the boom tip prior
to boarding the basket.
g. Failing to follow instructions given by the M/V CONTENDER’s crew.
h. Not grabbing, the webbing of the basket properly.
i. Failing to ensure the deckhand/signalman was holding the tagline.
j. Failing to properly place his feet on the basket ring.
k. Failing to get off the basket before it contacted the rail.
l. Other acts of negligence to be proven at trial.
96. Whether K&K was solely and/or comparative at fault in causing this incident by:
a. Failing to properly train its crew.
b. Failing to enforce its’ own hiring standards.
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c. Failing to have a proper safety policy in place as regards personnel basket
transfers.
d. Failing to ensure that its crew members knew how to properly conduct a
personnel basket transfer.
e. Permitting drug use on its vessels.
f. Failing to have its captain properly maintain control of the vessel during a
personnel basket transfer.
g. Failing to have its deckhand properly conduct personnel basket transfer.
h. Failing to have its crew members comply with company policy to ensure
the personnel basket is in line with the boom tip prior to allowing anyone
to step onto the basket.
i. Failing to call an all stop during the personnel basket transfer if it was not
ready to conduct the transfer.
j. Allowing its captain to pull away from the L/B JANIE prematurely
causing the basket to swing into the stern of the M/V CONTENDER.
k. Allowing its captain to continue to pull forward after the basket hung up
on the jump deck handrail.
l. Other acts of negligence to be proven at trial.
97. Whether Raymond Howard has mitigated his damages.
98. Whether Calvin Howard has mitigated his damages.
99. Whether Calvin Howard has reached maximum medical improvement.
100. Whether Calvin Howard forfeited his right to maintenance and cure in connection
with any alleged injury by abandoning treatment in February 2015.
101. Whether Raymond Howard has reached maximum medical improvement.
102. Whether Calvin Howard suffered any traumatic brain injury beyond a concussion.
103. Whether Raymond Howard suffered any traumatic brain injury beyond a
concussion.
104. The nature and extent of Raymond Howard’s disability, if any.
105. The nature and extent of Calvin Howard’s disability, if any.
106. Whether OLB procedures required a written Joint Safety Analysis and/or a Pre-
Crane Operations Safety Meeting for this lift.
107. Whether after it was lifted, the basket quickly became hung up on the rail on the
elevated jump deck of the Contender.
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108. Whether the American Petroleum Institute industry standards for crane operation
safety provide that the crane operator shall wait for a clear signal to drop the basket
and lift.
109. Whether Billy Pugh, the manufacturer of the personnel basket, provides
recommendations for ensuring that personnel transfers involving its transfer baskets
are performed safely and whether one of these recommendations includes performing
a written JSA, a template of which is provided by Billy Pugh.
110. Whether timely alcohol or drug testing of Sylvester Richardson, Captain Godwin
or Master Sizemore, as required by Coast Guard regulations, was performed.
111. Whether Sylvester Richardson was the least experienced crane operator onboard
the Janie at the time of the incident.
112. Whether one of the reasons Richardson was tasked with operating the crane was
because Tim Lawrence and/or Rick Simoneaux wanted to provide Sylvester with
more experience.
113. Whether Tim Lawrence, Rick Simoneaux and Sylvester Richardson were
responsible for the safety of the personnel transfer in issue.
114. Whether Sylvester Richardson hoisted the personnel basket without receiving a
signal from Daniel Blake Ryland;
115. Whether it is proper procedure for Calvin Howard and/or Raymond Howard to
step on the personnel basket without being instructed to step on the basket by Daniel
Blake Ryland;
116. Whether it is proper procedure for Calvin Howard and/or Raymond Howard to
step on the personnel basket without confirming that the tip of the boom is aligned
over the personnel basket;
117. Whether Calvin Howard and/or Raymond Howard had stop work authority on
May 16, 2013;
118. Whether Calvin Howard and/or Raymond Howard should have exercised their
work stop work authority on May 16, 2013;
119. Whether Calvin Howard and/or Raymond Howard were properly trained by OLB
on how to safely perform personnel basket transfers;
120. Whether Daniel Blake Ryland instructed Calvin Howard, Raymond Howard, and
Tim Arrington to step on to the basket;
121. The duties and responsibilities of passengers during a personnel basket transfer;
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122. Whether Calvin Howard and/or Raymond Howard failed to perform their duties
and/or responsibilities during the personnel basket transfer;
123. Whether Calvin Howard’s and/or Raymond Howard’s failure to perform their
duties and/or responsibilities was a contributing cause to the incident;
124. Whether there was adequate lighting on the crane to permit the crane operator to
make a safe personnel transfer;
125. Whether Sylvester Richardson should have used stop work authority at any time
concerning this incident;
126. Whether Sylvester Richardson could see Daniel Blake Ryland prior to hoisting
the personnel basket;
127. Whether Sylvester Richardson had the proper experience to operate the crane for
the personnel transfer on May 16, 2013;
128. Whether Sylvester Richardson properly landed the personnel basket on to the
deck of the M/V CONTENDER prior to the passengers loading their bags on to the
personnel basket;
129. Whether Sylvester Richardson has the ultimate decision when it is safe to hoist
the personnel basket;
130. Whether the incident occurred because Sylvester Richardson hoisted the basket
without a signal when the tip of the boom was not aligned with the personnel basket;
131. Whether Sylvester Richardson failed to adhere to safe work practices when
performing the personnel basket transfer on May 16, 2013;
132. Whether the Sylvester Richardson and/or any other Offshore Liftboats employees
failed to follow the proper procedures when performing the personnel basket transfer;
133. Whether Sylvester Richardson was the person in charge of the personnel basket
transfer;
134. Whether Sylvester Richardson’s actions were the ultimate cause of the incident;
135. Whether Sylvester Richardson performed the personnel transfer in compliance
with API RP 2d Standards;
136. Whether the M/V CONTENDER properly maintained its position throughout the
personnel transfer considering the sea conditions;
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137. Whether the tip of the boom was centered over the personnel basket when
Sylvester Richardson began to hoist the personnel basket;
138. Whether the personnel basket went straight up after Sylvester Richardson began
to hoist and did not immediately swing towards the stern of the M/V CONTENDER;
139. Whether Sylvester Richardson’s view of the personnel basket was ever
obstructed;
140. Whether Sylvester Richardson continued to hoist while the basket was stuck on
the handrail of the CONTENDER;
141. Whether any impairment of the Offshore Liftboats crew caused or contributed to
the incident;
142. Whether Sylvester Richardson designated a signalman on the L/B JANIE for the
personnel transfer on May 16, 2013;
143. Whether Offshore Liftboats did a proper inspection of the crane and personnel
basket prior to the incident;
144. Whether any of Calvin Howard’s and/or Raymond Howard’s medical treatment
was due to pre-existing conditions that predated the incident of May 16, 2013;
145. The cause, nature, and extent of Calvin Howard’s and Raymond Howard’s pre-
existing medical conditions;
146. Calvin Howard’s and Raymond Howard’s ability to return to future employment;
147. Whether Calvin Howard and Raymond Howard have the ability to work;
148. The jobs that are available for Calvin Howard and Raymond Howard to perform;
149. The wages and/or salaries that are available to Calvin Howard and Raymond
Howard to receive now and in the future;
150. The value of Calvin Howard’s and Raymond Howard’s past and future wage
losses that are causally related to the incident of May 16, 2013;
151. The amount of Calvin Howard’s and Raymond Howard’s damages, if any, that
are causally related to the incident of May 16, 2013;
152. Whether the medical bills and/or treatment incurred by Calvin Howard and/or
Raymond Howard after May 16, 2013, were reasonable and necessary, and causally
related to the incident of May 16, 2013;
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153. Whether any negligence on behalf of K&K was a substantial factor in causing
Calvin Howard’s and Raymond Howard’s injuries and/or damages;
154. Whether Master and Captain Shawn Sizemore commanded the Contender and
Captain James Godwin was second captain.
155. Whether at all times pertinent hereto, Daniel Blake Ryland was a licensed Able
Bodied Seaman ordered to act as signalmen for the subject personnel transfer .
156. Whether records were maintained by the Janie documenting the number of
personnel basket transfers Richardson carried out in the months since he had acquired
his class “A” license and was authorized to make such transfers.
157. Whether no written JSA was provided or completed by OLB or the JANIE’s
personnel for this lift; nor was a JSA completed by Master Sizemore, Captain Godwin
or the Contender’s crew.
158. Whether any direct communication by radio took place between the JANIE’s
crane operator, Richardson, and the Contender’s captain or signalman, prior to or
during the personnel transfer, despite the fact that Richardson and Captain Godwin
had a radio available.
159. Whether Ryland didn’t use a radio to communicate with Richardson or anyone
else onboard the JANIE before or during the transfer.
160. Whether a timely alcohol or drug testing of Captain Godwin or Master Sizemore,
as required by Coast Guard regulations, was performed by K&K.
161. Whether Blake Ryland and Master Sizemore were terminated by K&K for failing
their post-accident drug tests.
162. Whether JSAs are designed to ensure the safety of the crew by identifying the
hazards associated with a job or task and ways in which those hazards can be
eliminated.
163. Whether Master Sizemore and Captain Godwin were responsible for ensuring the
safety of the personnel transfer at issue.
164. Whether Sylvester Richardson, Daniel Blake Ryland, James Godwin, and Rick
Simoneux all knew that hand signals were the method of communication that was to
be utilized between the deckhand, Daniel Blake Ryland, and the OLB crane operator,
Sylvester Richardson.
165. All issues of fact implicit in the circumstances of the accident and the issues of
law set forth below.
166. Richardson made no attempt to use the radio before or during the transfer.
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IX. CONTESTED ISSUES OF LAW
1. Whether K&K has a duty to provide a seaworthy vessel to Calvin Howard and
Raymond Howard. Smith v. Harbor Towing & Fleeting, Inc., 910 F.2d 312, 313, 314
(5th Cir. 1990); Coakley v. SeaRiver Maritime, Inc., 319 F.Supp.2d 712, 714
(E.D.La.2004); Bridges v. Penrod Drilling Co., 740 F.2d 361 (5th Cir. 1984);
Reddick v. Daybrook Fisheries, Inc., 1997 WL 218252 at *2 (E.D.La. 1997).
2. Whether the JANIE and the CONTENDER owed the Howards the duty of a safe lift,
safe ingress to the JANIE and safe egress from the CONTENDER and whether that
duty was breached.
3. Requirements of USCG regulations governing mandatory drug and alcohol testing of
Defendants personnel following this accident and the breach of those regulations.
4. Spoliation of evidence by Defendants for failing to comply with USCG mandatory
drug and alcohol testing regulations.
5. Application of the Pennsylvania Rule shifting the burden of proof to Defendants to
show their involved crewmembers were not impaired at the time of the incident
and/or free of any fault in the cause of this accident.
6. Whether under the Jones Act, following FELA, OLB is barred from asserting
comparative fault under the facts of this case.
7. Prejudgment interest on damages from date of the incident through date of trial under
the general maritime law.
8. Taxable costs due Plaintiffs.
9. Whether Plaintiffs may be found solely at fault as assumption of risk is not a defense.
10. The amount of maintenance and cure paid to Raymond Howard and Calvin Howard
that Offshore Liftboats is entitled to recover from K&K as reimbursement based on
K&K’s percentage of fault under Adams v. Texaco, Inc., 640 F.2d 618 (5th
Cir. 1981).
11. Whether plaintiffs’ recovery is reduced to the extent of Bay South and Tammany
Oil’s fault under McDermott, Inc.v. AmClyde, 511 U.S. 202, 114 S.Ct. 1461, 128
L.Ed. 2d 1481 (1994), as a result of plaintiffs’ dismissing those parties.
12. Any and all other issues of law implicit in the foregoing issues of fact.
13. All issues of law implicit in the foregoing facts.
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X. EXHIBITS
ADMITTED WITHOUT OBJECTION
1. K&K Offshore, LLC’s Website: About Us
2. K&K Offshore, LLC’s Website: Home
3. K&K Offshore, LLC’s Website: Mission Statement
4. K&K Offshore, LLC’s Website: Safety
5. Offshore Liftboats, LLC’s Website: Ordinary Seaman Requirements
6. Offshore Liftboats, LLC’s Website: About Our Team
7. Offshore Liftboats, LLC’s Website: About Us
8. Offshore Liftboats, LLC’s Website: 200T Mate
9. Offshore Liftboats, LLC’s Website: 200 T Master
10. Offshore Liftboats, LLC’s Website: History
11. Offshore Liftboats, LLC’s Website: Homepage
12. Offshore Liftboats, LLC’s Website: HSE 12/5/15
13. Offshore Liftboats, LLC’s Website: Vessels
14. Offshore Liftboats, LLC’s Website: Safety Mission Statement
15. Offshore Liftboats, LLC’s Website: Pictures of JANIE
16. Offshore Liftboats, LLC’s Website: Liftboat “Janie” Specifications
17. Liftboat JANIE: RAM 100 Crane Load Chart
18. Offshore Liftboats, LLC’s Daily Master Billing Log for May 15, 2013
19. K&K Offshore, LLC’s: HSE Manual
20. K&K Offshore, LLC’s: Vessel Incident Report
Case 2:13-cv-04811-SM-MBN Document 757 Filed 01/25/16 Page 41 of 121
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21. M/V CONTENDER: Vessel Specifications
22. OLB001795 – OLB0001798: Sylvester Richardson’s Safety Training Completion
Form
23. Offshore Liftboats, LLC’s Vessel Accident Report for May 16, 2013
24. Offshore Liftboats, LLC’s Website Application
25. Offshore Liftboats, LLC’s Report of Marine Accident Injury or Death (USGC
Form CG 2692)
26. Offshore Liftboats, LLC’s Crane Inspections for May 5, 2013 and May 11, 2013
27. Offshore Liftboats, LLC’s Crane Inspections
28. Offshore Liftboats 000806 – Offshore Liftboats 000809: Crane Inspections
29. Model RAM 100-100: Marine Crane User Catalog
30. Offshore Liftboats 000220: L/B JANIE: Crew Change for May 15, 2013
31. U.S. Department of Transportation (DOT)/ United States Coast Guard (USCG):
Chemical Testing Policy for Offshore Liftboats, LLC
32. Offshore Liftboats, LLC’s HSE Manual
33. Offshore Liftboats, LLC’s Daily Master Billing Log for May 11, 2013 – May 18,
2013
34. Offshore Liftboats, LLC’s Pre-Crane Operation Safety Meeting for L/B JANIE
for May 16, 2013
35. Sylvester Richardson’s Crane Qualifications and User Log
36. Offshore Liftboats, LLC’s Rough Log for May 16, 2013
37. Offshore Liftboats, LLC’s Vessel Specifications
38. Offshore Liftboats, LLC’s Daily Vessel Billing Log for May 2, 2013 to May 5,
2013
39. OLB-000027 – OLB-000029: Main Hoist RAM 125 Ton 100 FT Boom
Maximum Safe Working Load
40. Offshore Liftboats, LLC’s Crane Tailgate Tool
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41. OLB 000023 - OLB 000026: Sylvester Richardson’s Crane Operator Test
42. Offshore Liftboats000400: Tim Lawrence Post Accident Drug Test Results
43. Crane specifications for RAM100-100
44. United States Coast Guard Certificate of Inspections for L/B JANIE
45. United States Coast Guard Certificate of Inspections for M/V CONTENDER
effective from April 20, 2011 – April 20, 2016
46. Vessel specifications for L/B JANIE
47. Calvin Howard’s personnel file from Offshore Liftboats, LLC
48. Offshore Liftboats, LLC’s Safety Management System Manual
49. Offshore Liftboats, LLC’s Crane Pre-Use Inspection Documents
50. Offshore Liftboats, LLC’s DISA, Inc. 2013 – 2012 Anti-Drug/Alcohol Program
Statistics
51. Offshore Liftboats, LLC’s Personnel Transfer Procedures
52. Offshore Liftboats, LLC’s Monthly Sling Inspection Form(s)
53. Sylvester Richardson’s Certifications
54. Sylvester Richardson’s Crane Operation Usages Logs
55. Ram Manufacturing, Inc.’s Crane Manual for RAM100-100
56. Copy of Policy No. LF030030c issued to Named Insured Offshore Liftboats,
LLC, including all terms, conditions, provisions, exclusions, limitations,
endorsements, and other contents. This is a true, correct, and complete copy of
Policy No. LF030030c by stipulation of the parties.
PLAINTIFFS’ EXHIBITS THAT ARE OBJECTED TO
57. Calvin Howard’s Medical and Billing Records from Acadian Ambulance
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
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not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
58. Calvin Howard’s Medical and Billing Records from Christus Hospital – St.
Elizabeth
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
59. Calvin Howard’s Medical and Billing Records from River Parishes Hospital
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
60. Calvin Howard’s Medical and Billing Records from CVS Pharmacy
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
61. Calvin Howard’s Billing Records from St. John Emergency Group
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
62. Calvin Howard’s Medical and Billing Records from Dr. Zoran Cupic and/or UT
Physician Memorial Westside f/n/a Memorial Bone & Joint Clinic
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(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
63. Calvin Howard’s Medical and Billing Records from Dr. Ralph Lilly
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
64. Calvin Howard’s Medical and Billing Records from Dream Pharmacy f/k/a Hope
Pharmacy
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
65. Calvin Howard’s Medical and Billing Records from Memorial MRI &
Diagnostics
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
66. Calvin Howard’s Medical and Billing Records from Brignac Physical Therapy
f/k/a Livingston Rehab & Wellness
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
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not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
67. Calvin Howard’s Medical and Billing Records from Memorial Compounding
Pharmacy
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
68. Calvin Howard’s Medical and Billing Records from Memorial Hermann Medical
Center
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
69. Calvin Howard’s Medical and Billing Records from University General Hospital
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
70. Calvin Howard’s Billing Records from OrthoMed
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
71. Calvin Howard’s Medical and Billing Records from Best Choice Anesthesia &
Pain
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(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
72. Calvin Howard’s Medical and Billing Records from Touchstone Neurorecovery
Center
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
73. Calvin Howard’s Medical and Billing Records from College Park Pharmacy
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
74. Calvin Howard’s Billing Records from Nexus Physician Services
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
75. Calvin Howard’s Medical and Billing Records from Quest Diagnostics
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
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76. Calvin Howard’s Medical and Billing Records from Whitsett Vision Group
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments. K&K further objects to the
extent the records have not been produced prior to the Court’s deadlines)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
77. Calvin Howard’s Medical and Billing Records from Nurture Kare
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
78. Calvin Howard’s Cognitive Therapy Billing records from Dr. Richard Lawrence
Pollock
(K&K objects to the authenticity and to the extent the billing records to the extent
they are not the most recent billing records and are not the complete billing file in
that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects to the billing records to the extent they are
not the most recent billing records and are not the complete billing file in that they
fail to show agreed to write-offs and payments made by Offshore Liftboats.)
79. Calvin Howard’s Radiology records from Memorial Hermann Medical Center
(K&K objects to the authenticity)
80. Calvin Howard’s Radiology records from Memorial MRI & Diagnostic
(K&K objects to the authenticity)
81. Calvin Howard’s Radiology records from Dr. Zoran Cupic and/or UT Physician
Memorial Westside f/n/a Memorial Bone & Joint Clinic
(K&K objects to the authenticity)
82. Calvin Howard’s Radiology records from University General Hospital
(K&K objects to the authenticity)
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Page 49 of 148
83. Calvin Howard’s Radiology records from Christus Hospital – St. Elizabeth
(K&K objects to the authenticity)
84. Any medical reports prepared by any physician or other health care professional
who has ever examined or treated Calvin Howard for any injuries or illnesses,
including, but not limited to, the alleged injuries which form the basis of this
lawsuit
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
(Offshore Liftboats objects to as a generic exhibit; not provided in discovery; not
provided prior to preparation of Pre-Trial Order; hearsay; authenticity; relevance;
and other objections in the event any exhibit is ever provided, or sought to be
introduced.)
85. Any records, reports, charts, diagnostic studies or any other documentation from
any hospital, clinic or other health care facility at which Calvin Howard has ever
received any medical treatment for any injuries or illnesses, including but not
limited to, the alleged injuries which form the basis of this lawsuit
(K&K objects on the basis that the exhibit is generic, overly broad, relevance,
hearsay, authenticity)
(Offshore Liftboats objects to as a generic exhibit; not provided in discovery; not
provided prior to preparation of Pre-Trial Order; hearsay; authenticity; relevance;
and other objections in the event any exhibit is ever provided, or sought to be
introduced.)
86. Any records relating to any facility at which Calvin Howard has been referred for
physical therapy
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
(Offshore Liftboats objects to as a generic exhibit; not provided in discovery; not
provided prior to preparation of Pre-Trial Order; hearsay; authenticity; relevance;
and other objections in the event any exhibit is ever provided, or sought to be
introduced.)
87. Prescription records for Calvin Howard
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
(Offshore Liftboats objects to as a generic exhibit; not provided in discovery; not
provided prior to preparation of Pre-Trial Order; hearsay; authenticity; relevance;
Case 2:13-cv-04811-SM-MBN Document 757 Filed 01/25/16 Page 49 of 121
Page 50 of 148
and other objections in the event any exhibit is ever provided, or sought to be
introduced.)
88. Center for Disease Control and Prevention – Traumatic Brain Injury in the United
States: Fact Sheet
(K&K objects on the basis of hearsay, relevance, authenticity)
(Offshore Liftboats objects on the basis of hearsay; authenticity; Exhibit 88
contains an exhibit sticker reference to a case other than this matter; Exhibit 89
not provided.)
89. Center for Disease Control and Prevention – Report to Congress on Mild
Traumatic Brain Injury in the United States: Steps to Prevent a Serious Public
Health Problem
(K&K objects on the basis of hearsay, relevance, authenticity)
(Offshore Liftboats objects on the basis of hearsay; authenticity; Exhibit 88
contains an exhibit sticker reference to a case other than this matter; Exhibit 89
not provided.)
90. Center for Disease Control and Prevention – Report to Congress on Traumatic
Brain Injury Epidemiology and Rehabilitation
(K&K objects on the basis of hearsay, relevance, authenticity)
(Offshore Liftboats objects on the basis of hearsay)
91. Center for Disease Control and Prevention – Facts about Concussion and Brain
Injury: Where to get help
(K&K objects on the basis of hearsay, relevance, authenticity)
(Offshore Liftboats objects on the basis of hearsay)
92. Center for Disease Control and Prevention – Facts for Physicians
(K&K objects on the basis of hearsay, relevance, authenticity)
93. OLB – 000001 - OLB – 000060: Personnel File for Sylvester Richardson (All
employment records and personnel file documents will be redacted as required by
the local rules).
(K&K objects on the basis of relevance, overly broad, hearsay)
(Offshore Liftboats objects on the basis that portions are subject to a motion in
limine and have not been properly redacted as required by the Local Rules.)
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Page 51 of 148
94. OLB – 000121 - OLB – 000239: Personnel File for Sylvester Richardson
(K&K objects on the basis of relevance, overly broad, hearsay)
(Offshore Liftboats objects - subject of a motion in limine; has not been properly
redacted according to the Local Rules; contains evidence of criminal convictions
that are inadmissible in evidence.)
95. OLB – 000096 - OLB – 000111: Sylvester Termination Notice – Violation of
Company Safety Policy and Refusal to Submit to DOT Testing Procedures
(Offshore Liftboats objects - subject of a motion in limine.)
96. CH00283 – CH002322: Diamond Offshore Management Company –
Employment Records for Daniel Blake Ryland
(K&K objects on the basis of relevance, authenticity, hearsay)
97. K&K004134 – K&K004182: Personnel File for Daniel Blake Ryland
(K&K objects on the basis of relevance, authenticity, overly broad)
98. K&K004004 - K&K004050: Personnel File for James Allen Godwin
(K&K objects on the basis of relevance, authenticity, overly broad)
99. James Allen Godwin’s Application for Employment with Complete
Environmental & Remediation Co., LLC
(K&K objects on the basis of relevance, hearsay, authenticity, overly broad)
100. CH003429 – CH003468: Kelley Brothers Contractors Employment Records for
James Godwin
(K&K objects on the basis of relevance, hearsay, authenticity, overly broad)
101. OLB’s Personnel File for Jose Fernandez
(Offshore Liftboats objects - has not been redacted in accordance with the Local
Rules.)
102. CH003470 - CH003494: Montco Offshore – Employment Records for Rick
Simoneaux, Jr.
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
103. OLB’s Personnel File for Rick Simoneaux, Jr.
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Page 52 of 148
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
104. CH003496 - CH003501: Heinen Medical Review – Medical Records Pertaining
to Daniel Blake Ryland
(K&K objects on the basis of relevance, hearsay, authenticity)
105. CH003308 - CH003428: Hercules Offshore - Employment Records for Rick
Simoneaux
106. K&K004051 - K&K004098: Personnel File for Shawn Sizemore
(K&K objects on the basis of relevance, hearsay, authenticity, overly broad)
107. OLB – 000168 - OLB000169: USGC Denial Letter to S. Richardson regarding
Merchant Mariner Credential
(Offshore Liftboats objects on the basis of hearsay.)
108. OLB’s Personnel File for Timothy M. Arrington
(Offshore Liftboats objects - not properly redacted in accordance with Local
Rules.)
109. Offshore Liftboats001212 – Offshore Liftboats001222: OLB’s Personnel File for
Timothy J. Lawrence
(Offshore Liftboats objects - not redacted in accordance with Local Rules.)
110. API Recommended Practice 2D Sixth Edition, May 2007: Operation and
Maintenance of Offshore Cranes
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
111. Marine Transfer Forum, December 2015: 10 Golden Rules of Personnel Transfers
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
112. API RP 75: Safety Management Procedures (Dec 12, 2014-Purchased from
TechStreet)
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
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Page 53 of 148
113. API Recommended Practice 2D Fifth Edition, June 2003: Operation and
Maintenance of Offshore Cranes
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
114. BHP Billiton Petroleum HSE: Personnel Transfers
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
115. Billy Pugh Co., Inc.: Recommended Practice for Crane Suspended Offshore
Personnel Transfers
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
116. Billy Pugh Co., Inc.: 800 Series Daily Inspection Form (JSA in Rough Seas)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
117. Billy Pugh Co., Inc.: Sample JSA for Personnel Transfers
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
(K&K objects on the basis of relevance, hearsay, authenticity)
118. Billy Pugh Co., Inc.: Model 800 Series Specifications
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
119. Chevron Letter regarding Personnel Transfer Procedures
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
120. Crane Regulations: 46 CFR 109.521
(K&K objects on the basis of relevance, hearsay, law, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
121. Crew Transfer Safety: Off Centered Lifts and Lateral Crash
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
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122. Billy Pugh Offshore Basket Incident
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
123. IMCA Safety Flash 3/13: Fatality during Basket Transfer
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
124. IMCA: Guidance on Operational Communications
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
125. IMCA: Guidance on Transfer of Personnel to and from Offshore Vessels and
Structures
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
126. IMCA: Guidelines for Lifting Operations
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
127. International Maritime Organization: Guidance on Safety When Transferring
Persons at Sea
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
128. Oil & Gas Procedures: Lifting & Hoisting Safety Recommended Practice
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
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Page 55 of 148
129. U.S. Department of the Interior Minerals Management Service Gulf of Mexico
OCS Region: Motor Vessel to Platform Boat Landing Transfer Fatality
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
130. U.S. Department of the Interior Minerals Management Service Gulf of Mexico
OCS Region: Job Safety Analysis (JSA)
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
131. 30 CFR § 250.108: Offshore Crane Requirements
(K&K objects on the basis of relevance, law, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay; usurps the
Court's role as the sole provider of the law to be applied in the case; and, is law
not evidence.)
132. Marine Transfer Forum: Offshore Personnel Transfer by Crane; Best Practice
Guidelines for Routine and Emergency Operations
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
133. Shell Manual for All Offshore Lifts
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
134. The Standard: Personnel Transfer Using Ship’s Cranes
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
135. Billy Pugh Co., Inc.: X-800 Series Inspections - JSA in Rough Seas
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
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Page 56 of 148
136. Offshore Liftboats, LLC’s Facebook Post regarding SEMS II Safety Compliant
(K&K objects on the basis of relevance, hearsay, authenticity)
137. Offshore Liftboats, LLC’s Facebook Post regarding Raymond Howard’s Six Year
Anniversary
(K&K objects on the basis of relevance, hearsay, authenticity)
138. Offshore Liftboats, LLC’s Facebook Post of L/B JANIE GA424
(K&K objects on the basis of relevance, hearsay, authenticity)
139. Offshore Liftboats, LLC’s Website: Congratulations Raymond Howard
(K&K objects on the basis of relevance, hearsay, authenticity)
140. Offshore Liftboats, LLC’s Facebook Post regarding Calvin Howard’s Five Year
Anniversary, Sylvester Richardson’s One Year Anniversary, and Gerald Lovell’s
Three Year Anniversary
(K&K objects on the basis of relevance, hearsay, authenticity)
141. Offshore Liftboats, LLC’s Facebook Post: Safety Commitment
(Offshore Liftboats objects on the basis of relevance.)
142. Ex-Im Guarantees $20 Million Loan to Finance Export of Liftboat by Louisiana
Small Business.
(Offshore Liftboats objects on the basis of hearsay; authenticity; relevance.)
143. Offshore Liftboats, LLC’s Facebook Post: Proud Corporate Sponsor of the
Houston Texans
(Offshore Liftboats objects on the basis of relevance.)
144. Offshore Liftboats, LLC’s Facebook Post regarding Tim Arrington’s Three Year
Anniversary
145. Offshore Liftboats, LLC’s Facebook Post regarding Timothy Lawrence’s Six
Year Anniversary
146. OLB001450: Brian Mizell’s Statement
(K&K objects on the basis of hearsay, authenticity)
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Page 57 of 148
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
147. Offshore Liftboats000792: Captain Tim Lawrence’s Written Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
148. Offshore Liftboats001076 - Offshore Liftboats001101: Captain Tim Lawrence -
Original Draft Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
149. Recorded Statement of Darwin Carmichael Robertson
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
150. Offshore Liftboats000703 - Offshore Liftboats000706: H&H Report of Robert
O’Neil Perryman’s Statement
(K&K objects on the basis hearsay, authenticity, foundation)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
151. Offshore Liftboats000678 - Offshore Liftboats687: Robert O’Neil Perryman’s
Statement
(K&K objects on the basis of hearsay, authenticity)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
152. OLB001459– OLB001462: Statement of James Killian
Case 2:13-cv-04811-SM-MBN Document 757 Filed 01/25/16 Page 57 of 121
Page 58 of 148
(K&K objects on the basis of hearsay, authenticity)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
153. Offshore Liftboats000796: Jose Fernandez Written Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
154. Offshore Liftboats000975 - Offshore Liftboats000987: Jose Fernandez Typed
Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
155. Offshore Liftboats000794: Sylvester Richardson Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
156. Offshore Liftboats001102 - Offshore Liftboats001138: Sylvester Richardson
Typed Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
157. OLB001454 – OLB001458: Statement of Gerald Holloway
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
158. Offshore Liftboats000795: Tim Arrington’s Statement
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Page 59 of 148
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
159. Offshore Liftboats000889 - Offshore Liftboats000922: Tim Arrington’s Typed
Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
160. Shaun T. Sizemore’s Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
161. Offshore Liftboats000793: Rick Simeoneaux Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
162. Offshore Liftboats 000845 – Offshore Liftboats850: Rick Simeoneaux Written
Statement
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
163. Statement of James A. Godwin
(K&K objects on the basis of hearsay, authenticity, and duplicative of live
testimony)
(Offshore Liftboats objects on the basis of hearsay; authenticity; duplicative of
live testimony.)
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Page 60 of 148
164. 30 CFR § 250.1911: What Hazards Analysis Criteria Must my SEMS Program
Meet
(K&K objects on the basis of relevance, hearsay, authenticity, law)
(Offshore Liftboats objects on the basis of hearsay; authenticity; usurps the
Court's role of the sole provider of the law to be applied to the case; and, is law
not evidence.)
165. 46 USC § 2302: Penalties for Negligent Operations and Interfering with Safe
Operation
(K&K objects on the basis of relevance, hearsay, authenticity, law)
(Offshore Liftboats objects on the basis of hearsay; authenticity; usurps the
Court's role of the sole provider of the law to be applied to the case; and, is law
not evidence.)
166. 46 USC § 7503: Dangerous Drugs as Grounds for Denial
(K&K objects on the basis of relevance, hearsay, authenticity, law)
(Offshore Liftboats objects on the basis of hearsay; authenticity; usurps the
Court's role of the sole provider of the law to be applied to the case; and, is law
not evidence.)
167. 46 USC § 8701: Merchant Mariners’ Documents Required
(K&K objects on the basis of relevance, hearsay, authenticity, law)
(Offshore Liftboats objects on the basis of hearsay; authenticity; usurps the
Court's role of the sole provider of the law to be applied to the case; and, is law
not evidence.)
168. 49 CFR 40.197: What Happens when an Employer Receives a Report of a Dilute
Specimen
(K&K objects on the basis of relevance, hearsay, authenticity, law)
(Offshore Liftboats objects on the basis of hearsay; authenticity; usurps the
Court's role of the sole provider of the law to be applied to the case; and, is law
not evidence.)
169. 49 CFR Part 40, section 40.25: Must an Employer Check on the Drug and
Alcohol Testing Record of Employees it is Intending to Use to Perform Safety-
Sensitive Duties
(K&K objects on the basis of relevance, hearsay, authenticity, law)
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Page 61 of 148
(Offshore Liftboats objects on the basis of hearsay; authenticity; usurps the
Court's role of the sole provider of the law to be applied to the case; and, is law
not evidence.)
170. Offshore Liftboats, LLC’s Website: Able Bodied Seaman Requirements
171. K&K Offshore’s Report of Marine Casualty USCG Form CG-2692 (3/13)
172. K&K Offshore, LLC’s On Charter Agreement for Bay South
(K&K objects on the basis of relevance, hearsay, authenticity)
173. Complete Occupational Health Services , LLC - Calvin’s Functional Capacity
Test for Pre-Employment with Offshore Liftboats
(Offshore Liftboats objects on the basis of - hearsay; authenticity.)
174. Offshore Liftboats Pay Stubs from March 2013 – May 2013
175. Calvin Howard’s Social Security Earnings Records
176. M/V Contender Daily Vessel Logs for 5/11/2013
(K&K objects on the basis of relevance, overly broad. K&K submits that the logs
from 5/15/13 – 5/17/13 should be admissible)
177. M/V Contender Rough Vessel Logs for May 10, 2013 – May 24, 2013
178. Offshore Liftboats000401 - Offshore Liftboats000403: Craig Pierce’s Email
Enclosing Calvin and Raymond Howard’s Post Incident Drug Test Results
179. Offshore Liftboats000616: Reich Seeks Manifests and Invoices for K&K’s
Freight
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; relevance; hearsay.)
180. Offshore Liftboats000810 - Offshore Liftboats000822: Tom Vacek’s Report
regarding Witness Interviews
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay; duplicative of
live testimony.)
181. Calvin Howard’s Cervical MRI Color
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
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182. Calvin Howard’s Lumbar MRI Color
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
183. Calvin Howard’s Post Op Cervical Spine with Hardware (B&W)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
184. Calvin Howard’s Post Op Cervical Spine with Hardware (color)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
185. Heinen Medical Review – Medical Records Pertaining to James Godwin
(K&K objects on the basis of relevance, hearsay, authenticity)
186. JANIE Additional Handwritten Vessel Logs
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay.)
187. K&K Offshore, LLC’s: Standard Operating Procedures
(K&K objects on the basis of relevance, overly broad)
188. K&K Offshore, LLC’s: Vessel Listing Manual
(K&K objects on the basis of relevance, authenticity)
189. K&K Offshore, LLC’s: The Injury and Illness Prevention Program
(K&K objects on the basis of relevance, hearsay, authenticity)
190. Reich’s Letter to Counselors Enclosing Acadian Ambulance Medical Records for
Calvin Howard
(K&K objects on the basis of relevance, hearsay, authenticity)
(Offshore Liftboats objects on the basis of hearsay; duplicative of Exhibit No.57.)
191. Offshore Liftboats, LLC’s JSA for May 2, 2014 L/B Vanessa
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
subsequent remedial measure; refers to a case other than this matter.)
192. Offshore Liftboats, LLC’s Safety Alert for November 27, 2011
(Offshore Liftboats objects on the basis of relevance.)
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Page 63 of 148
193. Craig Pierce’s E-Mail to USCG Investigator Enclosing Offshore Liftboats, LLC’s
Injury Report for May 16, 2013
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance; not
redacted in accordance with Local Rules.)
194. CH003502 - CH003511: Heinen Medical Review – Medical Records Pertaining
to Shaun Sizemore
(K&K objects on the basis of relevance, hearsay, authenticity)
195. Offshore Liftboats, LLC’s JSA for Crane Operation
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
196. Offshore Liftboats, LLC’s JSA Post Job Analysis Review and Explanation Sheet
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
subsequent remedial measure.)
197. Offshore Liftboats, LLC’s Controlled Substance & Alcohol Misuse Policy (Non-
DOT)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
subsequent remedial measure.)
198. Offshore Liftboats, LLC’s JSA for Personnel Transfer
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
subsequent remedial measure.)
199. Psychomotor Function in Chronic Daily Cannabis Smokers During Sustained
Abstinence
(K&K objects on the basis of relevance, hearsay, authenticity, materials never
produced)
(Offshore Liftboats objects on the basis of hearsay; authenticity; relevance.)
200. OLB 000023 - OLB 000026: Sylvester Richardson’s Crane Operator Test
201. CH002279 - CH002281: Business Health Partners - S. Richardson Drug Test
Results
(Offshore Liftboats objects on the basis of hearsay; authenticity; relevance.)
202. Offshore Liftboats000400: Tim Lawrence Post Accident Drug Test Results
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203. USCG Investigation Activity Report: JONI; Loss of Stability
(Offshore Liftboats objects on the basis of hearsay; authenticity; relevance.)
204. Records of past or present employers of Calvin Howard
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to preparing Pre-Trial Order; and, other objections
should exhibits ever be produced.)
205. Records of any past or present employer of Sylvester Richardson
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to preparing Pre-Trial Order; and, other objections
should exhibits ever be produced.)
206. Offshore Liftboats, LLC’s Persons on Board Form(s)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to preparing Pre-Trial Order; and, other objections
should exhibits ever be produced.)
207. Offshore Liftboats, LLC’s On/Off Hitch Sign Off Form(s)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to preparing Pre-Trial Order; and, other objections
should exhibits ever be produced.)
208. Offshore Liftboats, LLC’s Non-Witness Statements
(K&K objects on the basis of relevance, hearsay, vague, authenticity)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to preparing Pre-Trial Order; and, other objections
should exhibits ever be produced.)
209. Offshore Liftboats, LLC’s listing of medical expenses & maintenance pay to
Calvin Howard
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
210. Offshore Liftboats, LLC’s Job Safety Analysis and Planning Document(s)
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(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
211. Offshore Liftboats, LLC’s Incident Investigation/Witness Statement(s)
(K&K objects on the basis of relevance, lacks specificity, hearsay, authenticity,
materials never produced)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
212. Offshore Liftboats, LLC’s First Report of Injury or Occupational Illness/Property
Damage Report
(K&K objects on the basis of hearsay, authenticity, materials never produced,
lacks specificity)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
213. Offshore Liftboats, LLC’s Employee Written and Audio Statements
(K&K objects on the basis of hearsay, relevance, authenticity, materials never
produced, lacks specificity)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
214. Offshore Liftboats, LLC’s Certificate of Marine/Energy Insurance
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
215. Offshore Liftboats, LLC’s accident file
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not provided prior to Pre-Trial Order; and, other objections should
documents ever be produced.)
216. Offshore Liftboats, LLC’s 2013 Employee Benefits Program
217. Crane cards for RAM100-100
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(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not produced prior to preparing Pre-Trial Order; and, other objections
should documents ever be produced.)
218. All photos regarding the incident made basis of this suit
(K&K objects on the basis of authenticity, materials never produced, lacks
specificity, relevance)
(Offshore Liftboats objects on the basis of duplicative of other exhibits.)
219. United States Coast Guard Report of Required Chemical Drug and Alcohol
Testing Following a Serious Marine Incident
(K&K objects on the basis of hearsay, authenticity, generic, relevance)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not produced prior to preparing Pre-Trial Order; and, other objections
should documents ever be produced.)
220. Calvin Howard’s certificates and licenses
221. Calvin Howard’s maintenance and cure correspondence
222. Payroll records, benefit deductions, W-2’s, and any other type of document
evidencing wages earned by Calvin Howard while employed by Offshore
Liftboats, LLC.
(K&K objects on the basis of hearsay, authenticity, lacks specificity, relevance)
223. Any documents from Offshore Liftboats, LLC referencing Calvin Howard
(K&K objects on the basis of hearsay, authenticity, lacks specificity, relevance,
overly broad)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not produced prior to preparing Pre-Trial Order; and, other objections
should documents ever be produced.)
224. Any communication regarding the project and/or incident.
(K&K objects on the basis of hearsay, authenticity, lacks specificity, relevance,
overly broad)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not produced prior to preparing Pre-Trial Order; and, other objections
should documents ever be produced.)
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225. Any communication to or from Calvin Howard, a representative of Offshore
Liftboats, LLC, or a representative from any other company that relates to Calvin
Howard or the incident that is the subject of this lawsuit.
(K&K objects on the basis of hearsay, authenticity, lacks specificity, relevance,
overly broad)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance; not produced prior to preparing Pre-Trial Order; and, other objections
should documents ever be produced.)
226. Offshore Liftboats, LLC’s Answers to Interrogatories, Requests for Admissions,
and Request for Production of Documents
(Offshore Liftboats objects on the basis of hearsay; relevance.)
227. Calvin Howard’s Answers to Interrogatories, Requests for Admissions, and
Request for Production of Documents
(K&K objects on the basis of hearsay, lacks specificity, relevance)
(Offshore Liftboats objects on the basis of hearsay; relevance.)
228. K&K Offshore, LLC’s Answers to Interrogatories, Requests for Admissions, and
Request for Production of Documents
(K&K objects on the basis of hearsay, lacks specificity, relevance)
(Offshore Liftboats objects on the basis of hearsay; relevance.)
229. Bay South Inc.’s Bay South's Corporate Disclosure Statement
(Offshore Liftboats objects on the basis of hearsay; relevance.)
230. Raymond Howard’s Answers to Interrogatories, Requests for Admissions, and
Request for Production of Documents.
(K&K objects on the basis of hearsay, lacks specificity, relevance)
(Offshore Liftboats objects on the basis of hearsay; relevance.)
231. Alford Safety Services, Inc., Alford Services, Inc. d/b/a Falck Safety Services’
documents obtained via Plaintiff’s subpoena request for records
232. Alere Toxicology’s documents obtained via Plaintiff’s subpoena request for
records pertaining to Sylvester Richardson
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
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233. Business Health Partners’ documents obtained via Plaintiff’s subpoena request for
records pertaining to Sylvester Richardson
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
234. G.A. West & Company’s documents obtained via Plaintiff’s subpoena request for
records.
(K&K objects on the basis of relevance, hearsay, authenticity)
235. Marine Consultants and Recruiters’ documents obtained via Plaintiff’s subpoena
request for records pertaining to Daniel Blake Ryland
(K&K objects on the basis of relevance, authenticity, hearsay, vague)
236. Alliance Offshore, LLC’s documents obtained via Plaintiff’s subpoena request for
records pertaining to Jose Fernandez
237. All records generated and complied by Defendants’ liability insurance carriers
and their agents concerning this incident.
(K&K objects on the basis of hearsay, lacks specificity, relevance, authenticity)
(Offshore Liftboats objects on the basis of generic exhibit; not provided in
discovery; hearsay; authenticity; not provided prior to preparing Pre-Trial Order;
and, other objections should exhibits documents ever be produced.)
238. Sylvester Richardson’s employment files from prior employers
(Offshore Liftboats objects on the basis of generic exhibit; not provided in
discovery; hearsay; authenticity; not provided prior to preparing Pre-Trial Order;
and, other objections should exhibits documents ever be produced.)
239. Sylvester Richardson’s criminal records
(Offshore Liftboats objects on the basis of generic exhibit; not provided in
discovery; hearsay; authenticity; not provided prior to preparing Pre-Trial Order;
and, other objections should exhibits documents ever be produced.)
240. Applicable regulations, learned treatises, and other demonstrative bodies of law
and guidelines, including, but not limited to, those promulgated by the American
Petroleum Institute and the U.S. Coast Guard regulations
(K&K objects on the basis of hearsay, lacks specificity, relevance, authenticity,
law)
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(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance; not
provided in discovery; generic exhibit; usurps the Court's role as the sole provider
of the law to the jury; is law not evidence.)
241. Crane inspection records for RAM100-100’
242. K&K Offshore, LLC. On Charter Agreement
(K&K objects on the basis of hearsay, relevance)
243. Blanket Time Charter Agreement between K&K Offshore, LLC and Tammany
Oil & Gas, LLC.
(K&K objects on the basis of hearsay, relevance)
244. Gregory Lasseigne’s Personnel File.
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity)
245. K&K Offshore, LLC’s Personnel File for Darwin Robertson
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity)
246. K&K Offshore, LLC’s Injury and Illness Prevention Program
(K&K objects on the basis of relevance, lacks specificity, overly broad)
247. JANIE Handwritten Vessel Logs
(K&K objects on the basis that the document is incomplete)
248. K&K Offshore, LLC’s: Drug and Alcohol Policy
(K&K objects on the basis of relevance)
249. Letter from Greg Lasseigne to Offshore Liftboats regarding Daniel Blake
Ryland’s Injuries from May 16, 2013
(K&K objects on the basis of hearsay, relevance)
250. All drug test results related to the incident made basis of this suit
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity,
overly broad)
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; hearsay;
relevance.)
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251. Robert E. Borison CV and report(s)
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance; is not
an expert retained by any party in this matter.)
252. K&K Offshore, LLC’s U.S. Department of Transportation Drug and Alcohol
Testing MIS Data Collection Form
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity)
253. Offshore Liftboats, LLC’s Insurance Coverage with Newman Martin and Buchan,
LLP regarding the L/B JANIE
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
254. Offshore Liftboats, LLC’s Vessel Logs (hard)
255. Offshore Liftboats, LLC’s Crane Load Chart(s) for L/B JANIE
256. Offshore Liftboats, LLC’s Crane Pre-Use Inspection Documents
257. Offshore Liftboats, LLC’s emails to USCG regarding the incident made basis of
this suit
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
duplicative of other exhibits.)
258. Offshore Liftboats, LLC’s Purchase Order for Personnel Basket
259. Kennedy Wire Rope & Sling Company, Inc.’s Certificate of Testing for Personnel
Basket
260. Billy Pugh Co. Inc.’s Certification of Model: X-870 Offshore Personnel Transfer
Net X800 Series
261. Calvin Howard’s Water Survival Certificate
262. Offshore Liftboats, LLC’s Accident Report
263. Ram Manufacturing, Inc.’s Wind Loads for Ram Cranes
264. H&H Claims Consulting, L.L.C.’s Privilege Log
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(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity,
overly broad)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
265. H&H Claims Consulting, L.L.C.’s Accident File
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity,
overly broad)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
266. Offshore Liftboats, LLC’s Documents Sent to the USCG regarding Sylvester
Richardson
(Offshore Liftboats objects on the basis of generic exhibit; authenticity; not
provide in discovery; hearsay; relevance; further specific objections if ever
obtained in discovery.)
267. Affidavit of Andy Anderson with Pinnacle Engineering
(K&K objects on the basis of hearsay, relevance, duplicative of live testimony)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
duplicative of live testimony.)
268. USCG Accident files regarding this incident
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity,
overly broad)
269. USCG Investigation files regarding this incident
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity,
overly broad)
270. Offshore Liftboats, LLC’s Crane Operator Training Requirements
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance.)
271. Calvin Howard’s Summary of Medical Expenses
(K&K objects on the basis of hearsay, lacks specificity, authenticity, overly
broad, duplicative)
(Offshore Liftboats objects on the basis of not provided in discovery; hearsay;
authenticity; generic exhibit.)
272. List of M&C payments for Raymond Howard
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(K&K objects on the basis of hearsay, lacks specificity, authenticity, overly broad
and to the extent the records are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
273. Personnel file of Raymond Howard
(K&K objects on the basis of hearsay, relevance, lacks specificity, authenticity,
overly broad)
274. Medical records and billing of Raymond Howard – Ochsner Westbank
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
275. Medical records and billing of Raymond Howard – St. Elizabeth Hospital
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
276. Medical records and billing of Raymond Howard – Magnolia Diagnostics
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
277. Medical records and billing of Raymond Howard – Westbank Healthcare Center
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
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(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
278. Medical records and billing of Raymond Howard – Dr. K. E. Vogel
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
279. Medical records and billing of Raymond Howard – Advanced Medical Center
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
280. Medical records and billing of Raymond Howard – Acadian Ambulance Service
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
281. Medical records and billing of Raymond Howard – Louisiana Primary Care
Consultants
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments.
K&K also objects to any records that have not been timely produced)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
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billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
282. Medical records and billing of Raymond Howard – Advanced Neurodiagnostic
Center
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
283. Medical records and billing of Raymond Howard – Dr. Richard Richoux
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
284. Medical records and billing of Raymond Howard – Dr. Susan Andrews
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; relevance;
duplicative of live testimony; Offshore Liftboats objects to the billing records to
the extent they are not the most recent billing records and are not the complete
billing file in that they fail to show agreed to write-offs and payments made by
Offshore Liftboats.)
285. Medical records and billing of Raymond Howard – Doctor’s Imaging
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
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286. Medical records and billing of Raymond Howard - Drs. Heitmeier, Frisbee and
Nguyen
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
287. Medical records and billing of Raymond Howard – Nevada Imaging Center
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
288. Medical records and billing of Raymond Howard – Omega Hospital
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
289. Medical records and billing of Raymond Howard – Proscan Imaging
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
290. Medical records and billing of Raymond Howard – DMA
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(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
291. Medical records and billing of Raymond Howard – Family Physicians Center (Dr.
Harch)
(K&K objects to this witness K&K objects to the authenticity, lacks specificity,
and to the extent the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
write-offs and payments. K&K further objects to Dr. Harch as a witness or any
other witnesses testifying about Dr. Harch’s treatment of Raymond Howard
pursuant to Your Honor’s order dated 12/10/15 – Rec Doc. 437)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
292. Medical records and billing of Raymond Howard – West Jefferson Medical
Center SPECT Scan
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
293. Medical records and billing of Raymond Howard – Folse Pharmacy
(K&K objects to the authenticity, lacks specificity, and to the extent the billing
records to the extent they are not the most recent billing records and are not the
complete billing file in that they fail to show agreed write-offs and payments)
(Offshore Liftboats objects on the basis of authenticity; hearsay; Offshore
Liftboats objects to the billing records to the extent they are not the most recent
billing records and are not the complete billing file in that they fail to show agreed
to write-offs and payments made by Offshore Liftboats.)
294. Wage & Earnings Records of Raymond Howard
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(K&K objects to the authenticity, lacks specificity, and to the extent the records
are not an accurate reflection of Raymond Howard’s wages and earnings)
295. Tax returns of Raymond Howard
296. Color photograph of Raymond’s injury to his lower back/gluteus
(K&K objects on the basis of authenticity, lacks specificity)
297. Any exhibit listed, offered or introduced by any party.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
(Offshore Liftboats objects on the basis of generic exhibit; not provided in
discovery; hearsay; authenticity.)
298. Any exhibit needed for impeachment.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
299. Any exhibit to any deposition.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
(Offshore Liftboats objects on the basis of duplicative of live testimony;
submitted in obvious violation of the Court's standing orders regarding
submission of edited deposition testimony; objections to inadmissible exhibits
attached to said depositions; and, other objections in the event specific excerpts
are sought to be admitted.)
300. Any exhibit relied upon by any expert.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
301. Any deposition for any purpose permitted under the FRCP and FRE.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
302. Business in Focus Magazine – Article regarding OLB (April 2015 issue)
303. Shipping and Marine Magazine – OLB Profile (Issue 117)(2015)
304. Photograph of Calvin Howard concerning Touchstone Entry CH004234
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(K&K objects on the basis of authenticity, document never produced during
discovery)
305. Photograph of Calvin Howard concerning Touchstone Grounds CH004235
(K&K objects on the basis of authenticity, document never produced during
discovery)
Underwriters adopt all objections to the exhibits of other parties submitted by Offshore
Liftboats, LLC, in their entirety.
DEFENDANT OLB’S EXHIBITS TO WHICH THERE IS AN OBJECTION
Plaintiffs conditionally object generally to Defendants exhibits which have not been
produced for review in the form they may be offered by Defendants at trial. The parties will
work in good faith to resolve objections to add exhibits which may be offered jointly and without
objection prior to presentation of the bench books.
306. Raymond Howard’s personnel file with Offshore Liftboats.
307. Training films and literature from Safe Gulf.
308. Raymond Howard’s employment records with previous employers.
(Plaintiffs object - subject to viewing actual proposed documents)
309. Raymond Howard’s Internal Revenue Service records.
310. Raymond Howard’s Social Security Administration records.
311. Excerpts from social media accounts maintained by Raymond Howard.
(Plaintiffs object as to relevancy, materiality, prejudicial nature outweighs any
probative value)
312. Calvin Howard’s personnel file with Offshore Liftboats.
313. Calvin Howard’s employment records with previous employers.
314. Calvin Howard’s Internal Revenue Service records.
315. Calvin Howard’s Social Security Administration records.
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316. Excerpts from social media accounts maintained by Calvin Howard.
317. Surveillance evidence regarding plaintiffs
(Plaintiffs object as to authenticity and relevance)
318. Photographs and videos of the L/B JANIE and its appurtenances.
(Plaintiffs object - subject to viewing)
319. Photograph and videos of the M/V CONTENDER and its appurtenances.
(Plaintiffs object - subject to viewing)
320. Training materials in connection with personnel basket transfers.
(Plaintiffs object - subject to viewing)
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
321. Offshore Liftboats’ U.S. Coast Guard 2692 regarding this incident.
322. K&K Offshore’s U.S. Coast Guard 2692 regarding this incident.
323. Crane Operator Certificates for Sylvester Richardson.
324. Crane Operator Release Forms for Sylvester Richardson.
325. Crane Operator Logs for Sylvester Richardson.
326. Any correspondence regarding maintenance and cure payments to Ramond
Howard.
327. Vessel Logs for the L/B JANIE.
328. Vessel Logs for the M/V CONTENDER.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay)
329. Marine Crane User Catalog RAM 100 Crane.
(Plaintiffs object - subject to viewing)
330. Correspondence from RAM regarding the RAM 100 Crane.
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(Plaintiffs object - subject to viewing)
331. USG Certificate of Inspection for the L/B JANIE.
332. USG Certificate of Inspection for the M/V CONTENDER.
333. Safety Management System for the M/V CONTENDER.
(Plaintiffs object - subject to viewing)
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity, documents not previously produced prior to deadlines)
334. K&K Offshore Company Safety Policies and Procedures.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay)
335. K&K Offshore vessel particulars for the M/V CONTENDER.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay)
336. Blake Ryland’s personnel file with K&K.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay)
337. Drug test results for M/V CONTENDER crew following this incident.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
338. Shaun Sizemoore’s personnel file with K&K.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay)
339. Rough Logbook for the M/V CONTENDER.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay)
340. Weekly Drill Report for 5/13/13 to 5/9/13.
341. Logbook for the L/B JANIE 5/13/13 to 5/17/13.
342. Log for work on the L/B JANIE crane.
343. Crane Maintenance Report from 4/10/13 to 5/30/13.
344. Monthly Sling Inspection Form.
345. Certificate of Testing of the personnel basket.
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346. L/B JANIE profile arrangement.
(Plaintiffs object - subject to viewing)
347. Any exhibit listed by any other party.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
348. Any exhibit needed for impeachment.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
349. Any exhibit to any deposition.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
350. Any exhibit relied upon by any expert.
(K&K objects on the basis of generic, lacks specificity, relevance, hearsay,
authenticity)
351. Safe Swing Rope and Personnel Basket Transfers for Offshore Oil Industry
Personnel video
(Plaintiffs object – relevancy)
DEFENDANT, K&K’S EXHIBITS TO WHICH THERE IS AN OBJECTION:
Plaintiffs conditionally object generally to Defendants exhibits which have not been
produced for review in the form they may be offered by Defendants at trial. The parties will
work in good faith to resolve objections to add exhibits which may be offered jointly and without
objection prior to presentation of the bench books.
352. United States Coast Guard Certificate of Inspection and Documentation for the
M/V CONTENDER effective from April 20, 2011 – April 20, 2016;
353. Vessel Logs of the M/V CONTENDER dated May 15, 2013, May 16, 2013, and
May 17, 2013;
354. K&K Health, Safety & Environmental Procedures;
355. Excerpts from James Godwin’s personnel file with K&K;
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356. Excerpts from Daniel Blake Ryland’s personnel file with K&K;
357. Marine Consultants and Recruiters form for Ryland dated December 20, 2011;
358. James Godwin Certificate of Training, dated August 8, 2016;
359. James Godwin’s Merchant Mariner Credentials;
360. Daniel Ryland’s Diamond Offshore Rigger Training Certificate issued on
December 20, 2004;
361. Daniel Ryland’s Crosby Group Rigger Training Certificate issued April 11, 2006;
362. K&K “Acknowledgment Drug & Alcohol/Contraband Policy” executed by Daniel
Blake Ryland on August 7, 2012;
363. K&K “Acknowledging Receipt of Policy Manual” executed by Daniel Blake
Ryland on August 7, 2012;
364. K&K “Acknowledging Receipt of Policy Manual” executed by Capt. James
Godwin on April 11, 2013;
365. K&K “Acknowledgment Drug & Alcohol/Contraband Policy” executed by Daniel
Blake Ryland on April 11, 2013;
366. Sylvester Richardson OLB file
367. Excerpts from Calvin Howard’s OLB file
368. Excerpts of Raymond Howard’s OLB file
369. API Recommended Practice 2d – 5th
Edition
370. API Recommended Practice 2d – 6th
Edition
371. Diagram of the incident drafted by Daniel Blake Ryland dated May 24, 2013
372. Diagram of the incident drafted by Tim Arrington during his deposition, Exhibit 2
373. Diagram of incident drafted by James Godwin during his deposition, Exhibits 8
and 10.
374. Raymond Howard internet and social media postings
375. Calvin Howard internet and social media postings
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376. L/B JANIE Daily Vessel Reports
377. OLB’s USCG – 2692 Form (Typed)
378. OLB’s USCG – 2692 Form (Hand Written)
379. Photographs of the L/B JANIE
380. Photographs of the M/V CONTENDER
381. Photographs and surveillance of Calvin Howard
382. Photographs and surveillance of Raymond Howard
383. Offshore Liftboats Safety Management System Manual
384. Acadian Ambulance Records dated May 16, 2013;
385. Christus St. Elizabeth Hospital Records dated May 16, 2013;
386. CT Scans – Brain from Christus St. Elizabeth Hospital dated May 16, 2013;
387. CT Scans – Cervical Spine from Christus St. Elizabeth Hospital dated May 16,
2013;
388. CT Scans – Lumbar Spine from Christus St. Elizabeth Hospital dated May 16,
2013;
389. River Parishes Hospital Medical Records dated May 21, 2013;
390. MRI of Brain from Memorial MRI & Diagnostic dated July 2, 2013;
391. Dr. Kevin Greve’s Test Scores of Neuropsychological Evaluation;
392. Dr. Cynthia Bailey’s Tests Scores – Touchstone;
393. Rita Anderson’s Notes – Touchstone;
394. Ochsner West Bank Emergency Department dated May 18, 2013;
395. Medical Records of Dr. Vincent Michell;
396. MRI Brain Pro Scan Imaging dated September 15, 2014;
397. Dr. Susan Andrews Tests Scores of Neuropsychological Evaluation;
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398. Raymond Howard CT Scan of brain at Christus St. Elizabeth on May 16, 2013;
399. Records of Dr. Vincent Michell for Raymond Howard;
400. SafeGulf Educational Video
PLAINTIFFS
Plaintiffs reserve the right to object to Defendants’ Exhibits which have not yet been
produced.
XI. A. DEPOSITION TESTIMONY
Pursuant to Rule 32(a)(3) of the Federal Rules of Civil Procedure, Plaintiffs intend to
utilize, for any purpose, the deposition testimony (or any excerpts therefrom) of any party,
regardless of whether the party/witness is or is not available to testify live at trial. The following
witnesses whose depositions have been taken include: Tim Arrington, Commander Cole, Capt.
Daley, Jose Fernandez, Capt. Godwin, Calvin Howard, Raymond Howard, Greg Lasseigne,
Capt. Tim Lawrence, Craig Pierce, Sylvester Richardson, Blake Ryland, Rick Simoneaux,
Richard Watson, Jack T. Madeley, P.E., CSP, Captain Mitchell Stoller, Dr. John Thompson,
Kevin Greve, PhD, Dr. Everett Robert, Carla Seyler, Tim Arrington, Janie A.B., Commander
Cole, Plaintiff’s marine safety expert.
Plaintiffs reserve the right to use any deposition for any purpose allowed under the
F.R.C.P. and/or F.R.E.
Offshore Liftboats objects to the use of any deposition that which its trial counsel was not
permitted to appear. Offshore Liftboats intends to file a motion in limine on this issue.
K&K anticipates offering the following depositions in lieu of live testimony
1. Daniel Blake Ryland
2. James Godwin
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3. Jose Fernandez
4. Rick Simoneaux
5. Corporate Deposition of OLB pursuant to the Federal Rules of Civil
Procedure 32(a)(3)
6. Any witness deemed unavailable for trial pursuant to the Federal Rules of
Civil Procedure.
XII. DEMONSTRATIVES
Plaintiffs may use blow ups of any exhibits or portions thereof during the trial as well as
power points or slideshows.
Offshore Liftboats intends to use demonstrative aids, such as computer animation;
models of a boat and liftboat; and, blow ups of exhibits.
K&K may use:
1. Enlargement of any exhibits
2. Power Point presentations of any exhibits entered into evidence
3. Model Billy Pugh basket
Demonstrative exhibits will be exchanged in accordance with the court’s order.
XIII. WITNESS LISTS:
The witness lists were filed in accordance with prior court orders. Expert reports have
been exchanged between counsel in accordance with the Federal Rules of Civil Procedure and
prior court orders. (An issue has recently arisen concerning the receipt of Plaintiff’s expert
economist Dr. Shael Wolfson’s report, which Defendants have advised they did not receive, and
the report was never produced until January 1, 2016.)
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PLAINTIFFS WILL CALL:
1. Calvin Howard, Plaintiff’s cousin and co-Plaintiff
1108 North Sugar Ride
Laplace, LA 70068
Fact witness on liability, circumstances of the accident, work history, experience,
training, injuries and damages.
2. Raymond Howard, Plaintiff
9 Astor Lane
Waggaman, LA 70094
(504) 515-4805
Fact witness on liability, circumstances of the accident, work history, experience,
training, injuries and damages
3. Charleslynn Harris, Plaintiff’s fiancée
9 Astor Lane
Waggaman, LA 70094
(504) 515-4805
Fact witness on damages. She is the mother of his 3 children; she has resided with
Plaintiff for nearly 11 years and known the plaintiff his whole life. She is acutely aware
of the physical and mental changes Plaintiff has endured since the accident. She has
accompanied Plaintiff to most of his medical appointments.
4. Timothy James Lawrence
1711 Fuselier Rd.
Arnaudville, LA 70512
Fact witness, captain of the Janie at the time of the accident, concerning his experience,
training, circumstances of the accident, hand signals, JSAs, crane operations, blind lifts,
drug issues, radio use and other facts, per his deposition.
5. Timothy Michelle Arrington
101 Fleetwood Dr.
Monroe, LA 71203
AB for Offshore Liftboats
Fact witness, passenger in personnel basket in question, liability, work history,
experience, training, and other facts, per his deposition.
6. Sylvester Richardson
52 Nickel Drive
Independence, LA 70403
(985) 474-5526
Fact witness, crew member of the JANIE and operator of the crane at the time of the
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accident, concerning his experience, training, circumstances of the accident, hand signals,
JSAs, crane operations, blind lifts, drug issues radio use and other facts, per his
deposition.
7. Rick Randall Simoneaux, Jr.
268 Moses Lane
Marksville, LA 71351
(318) 305-1862
Fact witness crew member of the Janie, he was Richardson’s immediate superior at the
time of the incident. Simoneaux will testify concerning his experience, training,
circumstances of the accident, JSAs, hand signals, radio use, blind lifts, and other facts
per his deposition.
8. Jose Fernandez
2850 Wallingford Drive, Apt. #308.
Houston, TX 77042
(832) 715-7512
Fact witness crew, member of the Janie, will testify concerning his experience, training,
circumstances of the accident, training, policies and other facts per his deposition.
9. James Godwin
896 Zach Lane
Repton, AL 36475
Fact witness, relief captain who was operating THE CONTENDER at the time of the
accident will testify concerning his experience, training, circumstances of the accident,
operation of the vessel, signals, radios, JSAa, drug issues and other facts per his
deposition.
10. Greg Lasseigne
K&K Offshore, LLC
1200 Victor II Blvd., Ste. 700
Morgan City, LA 70380
Fact witness operations manager for K&K, safety director and person responsible for
hiring Blake Ryland, will testify concerning company operations, policies and
procedures, Ryland’s prior history of employment and drug issues, training and adequacy
of the crew of the Contender and other matters per his deposition.
11. Craig Pierce Offshore Liftboats, LLC
P. O. Box 398
Cut Off, LA 70345
Fact witness, safety director of OLB, will testify on the circumstances of this accident,
company policies and procedures, safety, training, drug issues, discipline and other facts
per his deposition
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12. Dr. K. E. Vogel
200 West Esplanade Ave., Suite 303
Kenner, LA 70065
(504) 472-5263
Medical – Treating and Expert neurosurgeon; treating Raymond since September 2013;
performed cervical & lumbar facet blocks, microsurgical disc excision, laminectomy,
lumbar medical branch neurotomy, lumbar epical block; referred plaintiff to physical
therapy
13. Dr. Olga Krivitsky
Advanced Medical Center of Gretna, LLC
880 Behrman Highway
Gretna, LA 70056
(504) 394-0001
Medical – Treating psychiatrist and pain management; treating Raymond since June 2014
for pain management; recommended TENS unit & lumbar brace; administered trigger
point injections to both cervical and lumbar spine; recommended physical therapy
including aqua therapy; referred plaintiff to neurosurgery.
14. Dr. Morteza Shamsnia - Neurologist
Advanced Neurodiagnostic Center
2905 Kingman Street
Metairie, LA 70006
(504) 885-3737
Medical – Treating and Expert neurologist; treating Raymond for nearly one year;
performed EMG studies, sleep disturbance studies & ordered detailed and comprehensive
radiological studies of plaintiff’s brain injury; continues to treat plaintiff for spinal
injuries & symptoms, sleep disturbances and numerous symptoms of his traumatic brain
injury.
15. Commander David E. Cole – Admiralty Consultant
PO Box #799
Bedford, TX 76095-0799
(817) 571-7731
Expert witness on liability: retired coast guard commander and former coast guard marine
accident investigator who will testify per his report and deposition with regard to the
safety issues, policies, procedures, regulations and facts and circumstances as set forth in
the evidence concerning the negligence and unseaworthiness of Defendants employees
involved in the failed personnel transfer.
16. Jack T. Madeley, P.E., CSP
Madeley Safety Engineering Consultants
2700 Early Rudder Freeway South, Suite 2700
College Station, TX 77845
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(979) 693-2041
Expert witness on liability: professional engineer who will opine on failings of the crane
operator, deck signalman and overall negligence and unseaworthiness of the crews of the
two vessels involved in the failed personnel transfer which is the subject of this case.
17. Dr. Cornelius E. Gorman, II – Vocational Rehabilitation Expert
NeuroRehabilitation Center of Louisiana
1100 Andre St., Suite 302
New Iberia, LA 70563
Office: (337) 534-7087
Direct: (985) 845-4322
vocational rehab/life care plan – Expert; interviewed both Plaintiffs and reviewed
plaintiffs’ medical records and financial records and personal history and prepared Life
Care Plan in conjunction with Dr. Savant.
18. Dr. Shelly N. Savant – Neurologist & Psychiatrist as well as certified life care planner
1100 Andre Street, Suite 302
New Iberia, LA 70563
(337) 534-7087
Medical/life care plan – Expert Neurologist and life care planner; reviewed both
plaintiffs’ medical records and financial history and prepared Life Care Plan in
conjunction with Dr. Gorman and the need for future medical and assisted living care.
19. Shael Wolfson, Ph.D. - Economist
1050 S. Jeff Davis Pkwy, Suite 230
New Orleans, LA 70125
(504) 874-1097
economic damages- Expert; reviewed Raymond’s financial history along with the life
care plan developed for Plaintiff and prepared Economic Damages report
20. Dr. Richard W. Richoux - Psychiatrist
601 N. Carrollton Ave., Suite D
New Orleans, LA 70119
(504) 269-9090
Medical – Treating and Expert; has been treating Raymond since January 2015 for
sequelae of his traumatic brain injury and resultant depression, anxiety, adjustment
disorder, headaches and PTSD symptoms.
21. Dr. Susan R. Andrews - Neuropsychologist
2626 N. Arnoult Rd., Suite 220
Metairie, LA 70002
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(504) 831-0109
Medical – Treating and Expert; performed neuropsychological evaluations on Raymond
and recommended that he undergo psycho-therapy and also hyperbaric oxygen or hbac
therapies with Dr. Harch to treat Plaintiff’s tbi.
22. Dr. John T. Frisbee – Ophthalmologist/retinal specialist
3530 Houma Blvd., Suite 203
Metairie, LA 70006
(504) 842-4000
Medical – Treating and Expert; treating Raymond for vision problems most particularly
in Plaintiff’s left eye for traumatic astigmatism and vitreous base disinsertion and other
traumatically caused problems affecting Plaintiff’s eyes and vision related to the accident
which is the subject of this case.
23. Dr. Vincent Michell
Westbank Health Care Center
822 Manhattan Blvd.
Harvey, LA 70058
(504) 263-1991
Medical – Treating physician; treated plaintiff for 11 months following accident, referred
Raymond to pain management, neurologist and neurosurgeon. Is currently treating
Plaintiff for weight loss and life style change.
24. Edward L. Soll, M.D. - Radiologist
232 Lake Marina Ave., Suite 10B
New Orleans, LA 70124
(504) 288-8191
Medical – treating and Expert; performed MRI DTI brain scans on Raymond at his
Metairie facility and reviewed and compared his studies with those of the Nevada film
studies and findings of traumatic brain injury and limbic system involvement.
PLAINTIFFS MAY CALL:
1. Darwin Robertson
Fact witness crew member, company policies and procedures, training, JSAs, hand
signals, drug issues and facts pertinent to this accident.
2. Shaun Sizemore
625 Sandalwood Drive
Destin, FL 32541
Fact witness and captain of THE CONTENDER, company policies and procedures,
training, JSAs, hand signals, drug issues and facts pertinent to this accident.
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3. Gary Calliou
Fact witness will testify as to the facts and circumstances surrounding the incident, the
management and operations of OLB, safety policies and procedures at OLB, and the
training and experience of OLB employees, including but not limited to Craig Pierce,
Sylvester Richardson and Rick Simoneaux.
4. A corporate representative of Offshore Liftboats, LLC on the “cure” issue
Fact witness
5. Fallon Michelle Dominique
P.O. Box 398
Cut Off, LA 70345
(985) 632-3414
Human Resources employee who filled out the Report of Marine Accident, Injury or
Death on 5/16/13
Fact witness on damages
6. Dr. Scott Nelson
Ochsner Terrytown
2500 Belle Chasse Hwy
Terrytown, LA 70056
(504) 391-5157
Medical – Raymond’s treating physician in Emergency Room two days following
accident
7. Dr. Lawrence Glorioso or a representative from Magnolia Diagnostics
2700 Cadiz Street
New Orleans, LA 70115
(504) 891-1975
Medical – Treating radiologist; performed Raymond’s Lumbar & Cervical Spine MRIs
8. Measie Thibodeaux, senior medic, or a representative of Acadian Ambulance Service
PO Box 92970
Lafayette, LA 70509
1-800-259-2222
Medical – Treating; transported Raymond in ambulance to Emergency Room on day of
accident.
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9. Dr. Ashfaq A. Qureshi
Louisiana Primary Care Consultants
2439 Manhattan Blvd., Suite 100
Harvey, LA 70058
(504) 362-4999
Medical – Treating neurologist; treated Raymond in December 2014 & referred plaintiff
for Cervical Spine & Brain MRI and EMG/nerve conduction velocity studies
10. Dr. William Orrison, Jr.
Nevada Imaging Center
5495 S. Rainbow Blvd. #203
Las Vegas, NV 89118
(702) 891-9729
Medical – Treating & Expert Radiologist; performed Raymond’s Functional MRI DTI
brain scans with & without contrast.
11. Chief Petty Officer Benjamin Mercado
Marine Safety Unit
U.S. Coast Guard
Fact witness on liability
12. Lt. Ward Thompson
Fact witness on liability
13. Thomas J. Vacek
H & H Claims Consultants
40 FM 1960 West #435
Houston, TX
(281) 350-9996
Fact witness on liability and to identify photographic evidence
14. Dr. David Heitmeier - Optometrist
3501 Holiday Drive, Suite 201
New Orleans, LA 70114
(504) 368-7081
Medical – Treating and Expert; treating Raymond for vision problems resulting from the
accident.
15. Dr. Hong Nguyen - ophthalmologist
3501 Holiday Drive, Suite 201
New Orleans, LA 70114
(504) 368-7081
Medical – Treating and Expert; treating plaintiff for vision problems
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16. Joseph Squatrito, III, DPT, MTC, OCS – Physical Therapist
1712 Stumpf Blvd.
Gretna, LA 70056
(504) 365-1020
Fact witness on damages; treating Raymond through physical therapy and aquatic
exercise at Rehab Access
17. A representative of West Jefferson Medical Center
Fact witness on injuries; performed SPECT imaging scans on Raymond
18. Dr. Robert A. Sellards – Orthopedic Surgery
Fact witness, medical, on damages with regard to Raymond
19. A representative of Westside Eye Clinic
Fact witness on damages with regard to Raymond
20. A representative of Vitality New Orleans
Fact witness on damages with regard to Raymond
21. Raymond Howard, Jr., Raymond’s son (8 years old)
9 Astor Lane
Waggaman, LA 70094
Fact witness on damages
22. Rianna Howard, Raymond’s daughter (6 years old)
9 Astor Lane
Waggaman, LA 70094
Fact witness on damages
23. Angela Griffith, Raymond’s mother
(504) 319-0340
Fact witness on damages
24. Ryan Howard, Raymond’s brother
Fact witness on damages
25. Edward Howard, Raymond’s Uncle
(504) 628-7918
Fact witness on damages
26. Jacqueline Hawkins, Raymond’s mother-in-law
(504) 232-0072
Fact witness on damages
27. Anita Howard, Calvin’s mother
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Calvin Howard’s Mother will testify regarding her knowledge of the facts and
circumstances surrounding the incident made the basis of this suit, the injuries sustained
by Calvin, the treatment sought for such injuries, and the impact of the injuries on
Calvin’s life and functioning.
28. Richard Lawrence Pollock, Ph.D.
1176 Yorktown St., Ste 620
Houston, TX 77056
(713) 797-6773
Expert witness will testify as an expert regarding his analysis of the injuries that Calvin
Howard has sustained as a result of this incident, as well as how Calvin’s injuries have
affected and will continue to affect his daily life, behavioral function, cognitive function,
and physical function. Dr. Pollock is also expected to testify regarding the treatment that
will be necessary as a result of his injuries, as well as provide rebuttal testimony
regarding the opinions of Defendants’ expert(s).
29. Kenneth G. McCoin, Ph.D.
7670 Woodway, Suite 171
Houston, TX 77063
(713) 626-0144
Expert witness will testify as an expert as indicated in his previously produced report
regarding the past and future economic loss suffered by Calvin Howard. Dr. McCoin is
also expected to provide rebuttal testimony regarding the opinions of Defendants’
expert(s).
30. Allan David Axelrad, M.D.
David Axelrad M.D. & Associates, P.A.
4545 Bissonnet Street, Ste. 131
Bellaire, TX 77401
(713) 523-5999
Expert witness will testify as an expert regarding his analysis of the injuries that Calvin
Howard sustained as a result of this incident, as well as how Calvin’s injuries have
affected and will continue to affect his daily life, cognitive functioning, behavioral
functioning, and physical functioning. Dr. Axelrad is also expected to testify regarding
the treatment that will be necessary as a result of his injuries and provide rebuttal
testimony regarding the opinions of Defendants’ expert(s).
31. Rodney N. Isom, Ph.D.
4201 Wingren Drive, Suite 112
Irving, TX 75062
(972) 650-6141
Expert witness will testify as an expert regarding his Vocational Rehabilitation analysis
of Calvin Howard and the effect that the incident and Calvin’s injuries have had and will
have on his ability to obtain and maintain employment. Dr. Isom is also expected to
provide rebuttal testimony regarding the opinions of Defendants’ expert(s).
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32. Zoran Cupic, M.D.
UT Physicians Memorial Westside, f/k/a Memorial Bone & Joint Clinic
Physicians and/or Custodian of Records
1140 Business Center Dr., Suite 101
Houston, TX 77043
(713) 827-9316
Physicians and staff have knowledge of the physical and orthopedic injuries sustained by
Calvin Howard and the cost, reasonableness and necessity of the treatment that has been
provided and that will need to be provided in connection with Calvin’s orthopedic
injuries. Physicians and staff may be called as non-retained experts regarding the same.
33. Memorial MRI & Diagnostic
Physicians and/or Custodian of Records
1241 Campbell Rd.
Houston, TX 77055
(713) 461-3399
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
34. Acadian Ambulance Service, Inc.
Physicians and/or Custodian of Records
PO Box 92970
Lafayette, LA 70509
(800) 259-2222
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
35. Dream Pharmacy
Pharmacist and/or Custodian of Records
1140 Business Center Drive, Ste. 103
Houston, TX 77043
Pharmacist and staff have knowledge of the cost and necessity of medication given to
Calvin Howard. Pharmacist and staff may be called to testify as non-retained experts
regarding the same.
36. Ralph B. Lilly, M.D.
Physicians and/or Custodian of Records
UT Professional Building
6410 Fannin Street, Suite 1423
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Houston, TX 77030
713-796-1148
Witness will testify as an expert regarding his analysis of the injuries that Calvin Howard
sustained as a result of this incident, as well as how Calvin’s injuries have affected and
will continue to affect his daily life, cognitive functioning, behavioral functioning, and
physical functioning, as well as the treatment that will be necessary as a result of his
injuries. Dr. Lilly is also expected test provide rebuttal testimony regarding the opinions
of Defendants’ expert(s). Physicians and staff may be called as non-retained experts
regarding the same.
37. Christus Hospital – St Elizabeth
Physicians and/or Custodian of Records
2830 Calder St.
Beaumont, TX 77702
(409) 892-7171
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
38. River Parish Hospital
Physicians and/or Custodian of Records
500 Rue de Sante
La Place, LA 70068
(985) 652-7000
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
39. St. John Emergency Group
Physicians and/or Custodian of Records
500 Rue de Sante
La Place, LA 70068
(888) 703-3301
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
40. Brignac Physical Therapy f/k/a Livingston Rehab & Wellness
Physicians and/or Custodian of Records
1732 Deroche Circle
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Gramercy, LA 70052
(225) 869-0389
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
41. CVS Pharmacy
Pharmacist and/or Custodian of Records
One CVS Drive
Woonsocket, TI 02895
(401) 765-1500
Pharmacist and staff have knowledge of the cost and necessity of medication given to
Calvin Howard. Pharmacist and staff may be called to testify as non-retained experts
regarding the same.
42. Memorial Compounding Pharmacy
Pharmacist and/or Custodian of Records
2918 San Jacinto St.
Houston, TX 77004
(713) 523-7847
Pharmacist and staff have knowledge of the cost and necessity of medication given to
Calvin Howard. Pharmacist and staff may be called to testify as non-retained experts
regarding the same.
43. Memorial Hermann Hospital
Physicians and/or Custodian of Records
6411 Fannin St.
Houston, TX 77030
(713) 704-4000
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
44. Best Choice Anesthesia & Pain
Physicians and/or Custodian of Records
7010 Champions Plaza Dr., Suite 300
Houston, TX 77069
(832) 698-5330
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Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
45. University General Hospital
Physicians and/or Custodian of Records
7501 Fannin Street
Houston, TX 77054
(713) 375-7000
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
46. OrthoMed
Physicians and/or Custodian of Records
4710 Katy Fwy., Suite A
Houston, TX 77007
(713) 691-9800
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
47. Touchstone Neurorecovery Center
Physicians and/or Custodian of Records
9297 Wahrenberger Road
Conroe, TX 77304
(936) 788-7770
Physicians and staff have knowledge of the injuries sustained by Calvin Howard, the
effect those injuries have had and will continue to have on Calvin’s functioning, the
treatment that may be necessary as a result of those injuries, and the cost and necessity of
treatment that has already been provided in connection with Calvin’s injuries. Physicians
and staff may be called as non-retained experts regarding the same.
48. College Park Pharmacy
Pharmacist and/or Custodian of Records
3115 College Park Dr., Suite 103A
Conroe, TX 77384
(936) 321-4011
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Pharmacist and staff have knowledge of the cost and necessity of medication given to
Calvin Howard. Pharmacist and staff may be called to testify as non-retained experts
regarding the same.
49. Nexus Physician Services
Physicians and/or Custodian of Records
1 Riverway, Suite 600
Houston, TX 77056
(323) 878-2633
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
50. Whitsett Vision Group
Cybele C. Woon, M.D
Physicians and/or Custodian of Records
1237 Campbell Rd.
Houston, TX 77055
(713) 365-9099
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
51. Nurture Kare
Physicians and/or Custodian of Records
480 N. Sam Houston Parkway, Suite 160
Houston, TX 77060
(281) 570-7761
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
52. Quest Diagnostics
Physicians and/or Custodian of Records
5850 Rogerdale Rd.
Houston, TX 77072
(713) 877-6000
Physicians and staff have knowledge of the injuries sustained by Calvin Howard and the
cost and necessity of treatment for such injuries. Physicians and staff may be called as
non-retained experts regarding the same.
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53. Walter Kimel, Defendant’s claim manager
Aucoin Claims Services
424 Realty Drive
Gretna, LA 70056
Witness will testify as to the facts and circumstances surrounding the incident.
54. Robert Perryman, Onboard L/B JANIE at time of incident
Employee for General Fabricators
(337) 643-1502
Witness will testify as to the facts and circumstances surrounding the incident.
55. Paul Brian Mizell, Sr., Onboard L/B JANIE at time of incident
Gulf Crane Services, Inc. employee
15369 S Choctaw
Bogalusa, LA 70427
(985) 373-0415
Witness will testify as to the facts and circumstances surrounding the incident.
56. Gerald Gene Holloway, Onboard L/B JANIE at time of incident
General Fabricators employee
314 Carver
Lafayette, LA 70506
(337) 414-3440
Witness will testify as to the facts and circumstances surrounding the incident.
57. James Edward Killian, Onboard L/B JANIE at time of incident
Gulf Coast Crane employee
2499 Pine Chase Circle
St. Cloud FL 34769
(407) 705-8866
Witness will testify as to the facts and circumstances surrounding the incident.
58. Alere Toxicology Services, Inc.
Physicians and/or Custodian of Records
11111 Newton Street
Gretna, LA 70053
(504) 361-8989
Representative will testify as to the post-incident drug testing.
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59. Business Health Partners
Physicians and/or Custodian of Records
299-B Cities Service Highway
Sulphur, LA 70663
(337) 626-1011
Representative will testify as to the post-incident drug testing.
60. Heinen Medical Review
Brian N. Heinen, M.D.
Physicians and/or Custodian of Records
151 Leon Street
Eunice, LA 70535
(337) 457-0493
Representative will testify as to the post-incident drug testing.
61. Falck Safety Services
Representative and/or Custodian of Records
209 Clendenning Rd.
Houma, LA 70363
(985) 868-1860
Representative will testify as to the training of Defendants’ employees.
62. Diamond Offshore Management Company
Representative and/or Custodian of Records
15415 Katy Freeway, Suite 100
Houston, TX 77094
Custodian of records has knowledge of, and will testify to, Daniel Blake Ryland’s past
employment and records thereof.
63. Christopher E. Cenac, Sr., M.D.
210 New Orleans Blvd.
Houma, LA 70364
Defendants’ orthopedic expert
64. Carla Seyler, M.S., CRC, CCM, CLPC, LRC
1615 Poydras St., Suite 1040
New Orleans, LA
Defendants Vocational Rehabilitation Counselor/Life Care Planner expert
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65. Everett Robert, M.D.
4228 Houma Blvd., Suite 510
Metairie, LA
Defendants Neurosurgeon
66. Dr. John Freiberg
Tulane University School of Medicine
Department of Neurology
131 South Robertson St., Suite 1340
New Orelans, LA
Defendants Neurologist
67. Dr. Kevin Greve
2901 North I-10 Service Road East, Suite 300
Metairie, LA 70002
Defendants Psychologist
68. Ryan Wee, B.S.
2901 North I-10 Service Road East, Suite 300
Metairie, LA 70002
Defendants Psychometrist who administered testing to Calvin Howard.
69. Dr. John W. Thompson
1440 Canal Street, 10th
Floor
New Orleans, LA
Defendants Psychiatric expert
70. Dr. Kenneth Boudreaux
1421 Bordeaux Street
New Orleans, LA 70115
Dr. Boudreaux will testify as an expert economist regarding his review of records and his
opinions based on his knowledge, training, education and experience of plaintiffs’
potential past and future economic losses consistent with the reports rendered in this
matter.
71. Captain Mitchell Stoller
21001 N. Tatum Blvd., Suite 163-619
Phoenix, AZ 85050
(949) 858 5475
Expert witness will testify as an expert as indicated in his previously produced report
regarding the cause of the accident, the standards of care and violations of the standards
of care by the Defendants, negligence of the Defendant’s and seaworthiness of the
vessel. Mr. Stoller is also expected to provide rebuttal testimony regarding the opinions
of Defendants’ expert(s).
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72. Daniel Blake Ryland
167 Notta Road
Repton, AL 36475
(251) 593-1658
Fact witness, crew member of THE CONTENDER who was the deckhand and signalman
at the time of the accident. Ryland will testify concerning his employment history,
training, experience, JSAs drug issues, hand signals, radios and other facts per his
deposition.
73. Robert Watson
107 Magee Road
Franklinton, LA 70438
Robert Watson is an experienced licensed expert in crane operations, crane safety, crane
inspection and training of operators and riggers who will testify based on his training,
education and experience, along with his review of various materials set forth in his
report.
74. Any present or former employee or representative of Tammany Oil and Gas, L.L.C., with
information relevant to this lawsuit including, but not limited to, any employee or
representative who has ever working with Calvin Howard, and the company man on duty
at the time of the incident and the safety man on duty at the time of the incident.
75. Any present or former employee or representative of Bay South, Inc., with information
relevant to this lawsuit including, but not limited to, any employee or representative who
has ever worked with Calvin Howard.
76. Any present or former employee or representative of P&M Marine, L.L.C., with
information relevant to this lawsuit including, but not limited to, any employee or
representative who has ever worked with Calvin Howard.
77. Any present or former employee or representative of Offshore Liftboats, L.L.C., with
information relevant to this lawsuit including, but not limited to, any employee or
representative who has ever working with Calvin Howard.
78. Any present or former employee or representative of K&K Offshore, L.L.C., with
information relevant to this lawsuit including, but not limited to, any employee or
representative who has ever worked with Calvin Howard.
79. Arthur J. Gallagher Risk Management Services
Employees and/or Custodian of Records
Offshore Liftboats liability claims service. Representative will testify as to the facts and
circumstances surrounding the incident, the cause of the incident, the negligence of the
parties, and the existence of insurance coverage in connection with the incident.
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80. Newman, Martin, & Buchanan, LLP
Employees and/or Custodian of Records
Offshore Liftboats liability insurance broker. Representative will testify as to the facts
and circumstances surrounding the incident, the cause of the incident, the negligence of
the parties, and the existence of insurance coverage in connection with the incident.
81. Evaluating and/or treating physician as identified on all medical records produced to date.
82. Underwriters at Lloyd’s, London
Employees and/or Custodian of Records
Offshore Liftboats liability insurance carrier. Representative will testify as to the facts
and circumstances surrounding the incident, the cause of the incident, the negligence of
the parties, and the existence of insurance coverage in connection with the incident.
83. Custodian of medical, radiology and/or billing records for all of the above listed medical
doctors, physicians, health care providers, treating facilities and/or other persons who
may have evaluated, tested, treated, examined and/or diagnosed Calvin Howard.
84. A representative of any facility where any crew member on board the M/V
CONTENDER has undergone laboratory work or blood tests.
85. A representative of any facility where any crew member on board the L/B JANIE has
undergone laboratory work or blood tests.
86. A representative of any facility where Calvin Howard has had prescriptions filled.
87. Any physician or other health care professional who has ever examined or treated Calvin
Howard for any injuries or illnesses including, but not limited to, the alleged injuries
which form the basis of this lawsuit.
88. Any representative of any past or present employer of Calvin Howard to testify as to
Calvin’s employment and/or to authenticate employment records.
89. Any representative of any past or present educational facility attended by Calvin Howard
to testify as to Calvin’s education and/or to authenticate education records.
90. Any and all crew members of L/B JANIE on or about May 16, 2013.
91. Any and all crew members of M/V CONTENDER on or about May 16, 2013.
92. Any witness identified through ongoing discovery with information relevant to this
lawsuit.
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93. Any witness on any other parties’ list of witnesses, listed in this Pre-Trial Order or who
may otherwise permitted to be called as a witness at trial.
94. Any person who was deposed in this matter.
95. Anyone necessary to identify and/or authenticate any exhibit or documents sought to be
introduced.
DEFENDANTS WITNESSES:
OFFSHORE LIFTBOATS WILL CALL:
1. Timothy Lawrence
1711 Fuselier Rd.
Arnaudville, LA 70512
Captain Timothy Lawrence will testify regarding the facts and circumstances surrounding
this incident; his work with Sylvester Richardson; his knowledge of Sylvester
Richardson’s experience as a crane operator; Offshore Liftboats’ Policies and Procedures;
and other factual maters.
.
2. Jose Fernandez
2851 Wallingford Dr.
Houston, TX 77042
Mr. Fernandez will testify regarding the facts and circumstances surrounding this
incident; his knowledge of Sylvester Richardson’s experience as a crane operator; and,
other factual matters.
3. Timothy Arrington
101 Fleetwood Dr.
Monroe, LA 71203
Mr. Arrington may testify regarding the facts and circumstances surrounding this incident
and other factual matters.
4. Craig Pierce, or other representative of:
Offshore Liftboats, LLC
P. O. Box 398
Cut Off, LA 70345
Mr. Pierce may testify regarding Offshore Liftboats’ Policies and Procedures; his
knowledge of the facts and circumstances surrounding this incident; plaintiffs’
employment with Offshore Liftboats; and, other factual matters.
5. James Godwin
896 Zack Ln.
Repton, AL 36574
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Mr. Godwin will testify regarding the facts and circumstances surrounding this incident;
his employment with K&K; his knowledge of Daniel Ryland’s abilities as a deckhand;
drug use by K&K employees; and, other factual matters.
6. Greg Lasseigne, or other representative of:
K&K Offshore, LLC
1200 Victor II Blvd., Ste. 700
Morgan City, LA 70380
Mr. Lasseigne will testify as a Corporate Representative of K&K Offshore, L.L.C.
regarding K&K’s Corporate Safety Policies; hiring practices; and training; the hiring and
training of James Godwin and Daniel Blake Ryland; drug use by K&K employees; and,
other factual matters.
7. Daniel Blake Ryland
167 Notta Rd.
Repton, AL 36475
Mr. Ryland will testify regarding his hiring and training by K&K; his drug use; the facts
and circumstances surrounding this incident; and, other factual matters.
8. Dr. Christopher Cenac
210 New Orleans Blvd
Houma, LA 70364
Dr. Cenac will testify as an expert in orthopedic surgery regarding his examination of
both plaintiffs; review of various medical records; review of diagnostic studies; his
opinions regarding both plaintiffs past, present and future medical conditions; his
opinions regarding plaintiffs need for future medical treatment; and other matters
consistent with his report rendered in connection with this matter.
9. Tommy Halverson and/or Ann LePre
E. J. Halverson & Associates, Inc.
P. O. Box 9189
Metairie, LA 70055
Mr. Halverson or Ms. LePre will testify regarding the payment of maintenance and cure
to and on behalf of both plaintiffs.
10. Dr. Kevin Greve
Jefferson Neurobehavioral Group
2901 N. I-10 Service Road East, Ste. 300
Metairie, LA 70002
Dr. Greve will testify as an expert neuropsychologist based on his evaluation and testing
on both plaintiffs; his review of medical records; his review of diagnostic studies and
various tests; his opinions regarding plaintiffs neuropsychological conditions, training,
education and experience, as well as interviews with plaintiffs, and other matters within
his expertise and consistent with his reports rendered in connection with this matter.
11. Capt. Gregory C. Daley
Principal Consultant
International Maritime Consultancy LLC
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PO Box 3826
Lafayette, LA 70502
Captain Daley is a licensed captain who will testify as an expert in navigation and vessel
handling based on his knowledge, training, education, and experience, along with his
review of the materials in this matter and inspection of the vessels involved herein.
Captain Daley’s opinions and the basis therefore is set forth in his report.
12. Ms. Carla D. Seyler
Nancy Favaloro
Seyler Favaloro LTD
1615 Poydras St., Suite 1040
New Orleans, LA 70112
Ms. Seyler is a licensed vocational rehabilitation counsel and expert life care planner who
will testify regarding her evaluations of both plaintiffs; as well as her interviews with
plaintiffs, her review of materials set forth in her report and the results of various tests
performed on plaintiffs, her review of medical records; her review of diagnostic studies;
her review of life care plans prepared regarding both plaintiffs; and her opinions based on
her knowledge, education, training and experience consistent with her reports rendered in
this matter.
13. Dr. Kenneth Boudreaux
1421 Bordeaux Street
New Orleans, LA 70115
Dr. Boudreaux will testify as an expert economist regarding his review of records and his
opinions based on his knowledge, training, education and experience of plaintiffs’
potential past and future economic losses consistent with the reports rendered in this
matter.
14. Robert Watson
107 Magee Road
Franklinton, LA 70438
Robert Watson is an experienced licensed expert in crane operations, crane safety, crane
inspection and training of operators and riggers who will testify based on his training,
education and experience, along with his review of various materials set forth in his
report.
15. A representative of Terrell Miceli Investigations
P. O. Box 1955
Slidell, LA 70459-1555
Terrell Miceli Investigations may testify regarding surveillance undertaken on plaintiffs.
16. A representative of Genesis Information Services, Inc.
9605 Jefferson Highway, Ste. 1109
New Orleans, LA 70123
Geniuses Information may testify regarding surveillance and investigation undertaken
regarding plaintiffs.
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17. Dr. John Thompson
1440 Canal Street, 10th
Floor
New Orleans, LA 70112
Dr. Thompson, an expert psychiatrist, will testify regarding his review of records,
evaluation of plaintiffs, and his opinions based on his training, education and experience
as set forth in his report and deposition.
18. Dr. Everett Robert
4770 S I-10 Service Rd. W, Suite 110
Metairie, LA 70001
Dr. Robert, an expert neurosurgeon, will testify regarding his review of medical records
and diagnostic studies, his examination of plaintiffs and based on his training, education
and experience as set forth in his report and depositions.
19. Brian Peterson, M.D.
4513 Taft Park
Metairie, LA 70002
Dr. Peterson, an expert neurologist, will testify regarding his examination of plaintiff,
Raymond Howard, his review of Raymond Howard’s medical records and diagnostic
studies, based on his training, education and experience as set forth in his report.
20. Representative of:
Ram Manufacturing, Inc.
Ram Machine Tooling, Inc.
24242 Rester Rd.
Picayune, MS 39466
A representative of Ram Manufacturing, Inc. will testify regarding the Ram 100 crane
installed aboard the L/B JANIE which was involved in this incident including its
capabilities, capacities, proper usage, and other factual matters.
21. Dr. John Joslyn
4200 Houma, Blvd.
Metairie, LA 70006
Dr. Joslyn, an expert neuroradiologist, will testify regarding his review of medical
records and diagnostic studies concerning both plaintiffs and based on his training,
education and experience as set forth in his report and depositions.
22. Dr. Lee E. Branscome
Climatological Consulting Group
7338 155th
Place North
Palm Beach Gardens, Florida 33418
Dr. Branscome, an expert meteorologist, will testify regarding his opinions, based on his t
raining, education and experience, as well as, his review of materials regarding the
weather conditions on the morning of the incident as set forth in his report.
23. Dr. Scott Lanoux
2820 Napoleon Avenue
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Suite 900
New Orleans, LA 70115
Dr. Lanoux, an expert ophthalmologist, will testify regarding his examination of plaintiff,
Raymond Howard; his review of medical records and diagnostic studies regarding
Raymond Howard, and consistent with his training, education and experience as set forth
in his report.
24. Dr. Brian Peterson
East Jefferson Neurological Associates
3800 Houma Blvd., Ste. 205
Metairie, LA 70006
Dr. Peterson, an expert neurologist, will testify regarding his examination of plaintiff,
Calvin Howard; his review of Calvin Howard’s medical records and diagnostic studies in
consistent with his training, education and experience his opinions as set forth in his
report.
25. Dr. Cynthia Bailey, Ph.D, ABN
6 Herman Avenue Extension
Asheville, N.C. 28803
Dr. Bailey is an expert neuropsychologist who evaluated and treated plaintiff Calvin
Howard at Touchstone Neurorecovery and will testify regarding her evaluation, treatment
and opinions formed as Calvin Howard’s treating neuropsychologist and part of the
treatment team at Touchstone.
26. Rita Anderson, SLP
15902 Land View Dr.
Houston, Texas 77073
Ms. Anderson is an expert speech pathologist who evaluated and treated plaintiff Calvin
Howard at Touchstone Rehabilitation and will testify regarding evaluation, treatment, and
opinions formed as Calvin Howard’s treating speech pathologist and part of the treatment
team at Touchstone.
OFFSHORE LIFTBOATS’ MAY CALL WITNESSES:
27. Sylvester Richardson
52 Nickel Drive
Independence La. 70403
Mr. Richardson may testify concerning the facts and circumstances surrounding this
incident. His experience as a crane operator, his experience making personnel basket
transfers and other factual matters.
28. Gerald Holloway
314 Carver
Lafayette, LA 70506
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Mr. Holloway may testify regarding the facts and circumstances surrounding this incident
and other factual matters.
29. Robert Perryman
120 N. Deshotel Avenue
Kaplan, LA 70540
Mr. Perryman may testify regarding the facts and circumstances surrounding this incident
and other factual matters.
30. James Killian
2499 Pine Chase Circle
St. Cloud, FL. 34769
Mr. Killian may testify regarding the facts and circumstances surrounding this incident
and other factual matters.
31. Brian Mizell
15369 S. Choctaw
Bogalusa, LA 70427
Mr. Mizell may testify regarding the facts and circumstances surrounding this incident
and other factual matters.
32. Shaun Sizemore
c/o Staines & Eppling
3500 N. Causeway Blvd., Ste. 920
Metairie, LA 70002
Mr. Sizemore may testify regarding the facts and circumstances surrounding this
incident; his employment with K&K; his knowledge of Daniel Ryland’s abilities as a
deckhand; his drug use; drug use by K&K employees; and, other factual matters.
33. Darwin Robertson
c/o Staines & Eppling
3500 N. Causeway Blvd., Ste. 920
Metairie, LA 70002
Mr. Robertson may testify regarding the facts and circumstances surrounding this
incident; his employment with K&K; his knowledge of Daniel Ryland’s abilities as a
deckhand; and other factual matters.
34. A representative of Falck Safety
209 Clendenning Rd.
Houma, LA 70363
Falck Safety may testify regarding training provided in connection with personnel basket
transfers and safety and may produce documents under subpoena.
35. A representative of Moxie Media Inc.
5700 Citrus Blvd, Ste. 1A
New Orleans, LA 70123
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May testify to authenticate the training video and script regarding personnel basket
transfers.
36. Rick Simoneaux
202 Highland Rd.
Marksville, LA 71351
Mr. Simoneaux will testify regarding the facts and circumstances surrounding this
incident; his knowledge of Sylvester Richardson’s experience as a crane operator;
Offshore Liftboats’ Policies and Procedures; and, other factual matters.
37. Any witness listed by any other party.
38. Any witness needed for impeachment.
39. Any healthcare provider who has treated and/or examined Calvin Howard.
40. Any healthcare provider who has treated and/or examined Raymond Howard.
41. Any witness needed to authenticate any document.
42. Any witness identified through subsequent discovery.
K&K WILL CALL:
1. Greg Lasseigne
K&K Offshore, LLC
P. O. Box 1578
Morgan City, LA 70381
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
2. Timothy Lawrence (via deposition)
1711 Fuselier Rd.
Arnaudville, LA 70512
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
3. Jose Fernandez (via deposition)
2850 Wallingford Dr. #308
Houston, TX
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
4. Rick Simoneaux (via deposition)
268 Moses Lane
Marksville, LA 71351
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
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5. Sylvester Richardson (via deposition)
52 Nickel Drive
Independence, LA 70403
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
6. Kenneth Boudreaux
1424 Bordeaux Street
New Orleans, LA 70115
May offer expert testimony regarding the economic damages of Calvin Howard and
Raymond Howard.
7. Dr. Christopher E. Cenac
210 New Orleans Blvd.
Houma, LA 70364
May offer testimony regarding Calvin Howard and Raymond Howard’s medical
condition.
8. John Freiberg, M.D.
Department Neurology
Tulane University School of Medicine
1430 Tulane Avenue, #8065
New Orleans, Louisiana 70112
May offer expert testimony regarding Calvin Howard’s medical condition.
9. Kevin W. Greve, Ph.D.
Jefferson Neurobehavioral Group
2901 I-10 Service Road East, Suite 300
Metairie, Louisiana 70002
May offer expert testify regarding Calvin Howard and Raymond Howard’s medical
condition.
10. John N. Joslyn, M.D.
East Jefferson General Hospital
4200 Houma Boulevard
Metairie, Louisiana 70006
May offer expert testimony regarding Calvin Howard and Raymond Howard’s medical
condition.
11. Captain Christopher Karentz
S-E-A
3340 N.W. 53rd
St., Ste 402
Ft. Lauderdale, FL 33309
May offer expert testimony regarding liability.
12. Scott Lanoux, M.D.
Lanoux & Associates
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4324 Veterans Blvd., Ste 107
Metairie, Louisiana 70002
May offer expert testimony regarding Raymond Howard’s medical condition.
13. Brian Peterson, M.D.
East Jefferson Neurological Associates
3800 Houma Blvd., Suite 205
Metairie, LA 70006
May offer expert testimony regarding Raymond Howard’s medical condition.
14. Dr. Everett Robert
Southern Brain & Spine
4770 S I-10 Service Rd, Suite 110
Metairie, LA 70003
May offer expert testimony regarding Calvin Howard and Raymond Howard’s medical
condition.
15. Lawrence J. Robicheaux
General Oilfield Consultants Corp.
P. O. Box 727
Gray, LA 70359
May offer expert testimony regarding liability.
16. John W. Thompson, Jr., M.D.
Tulane University School of Medicine
Department of Psychiatry and Behavioral Science
1440 Canal Street, 10th Floor (TB53)
New Orleans, LA 70112
May offer expert testimony regarding Calvin Howard and Raymond Howard’s medical
condition.
17. Carla Seyler
Seyler Favaloro
1615 Poydras St., Ste. 1040
New Orleans, LA 70112
May offer expert testimony regarding economic damages.
18. Heather Cambre and/or another representative of Genesis
Genesis Information Services, Inc.
9605 Jefferson Highway, Ste I-109
New Orleans, La 70123
May testify regarding internet posts of Raymond and Calvin Howard and surveillance.
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19. Terrell Micelli
Terrell Micelli Investigations
P. O. Box 1955
Slidell, LA 70459
May testify regarding surveillance of plaintiffs.
K&K MAY CALL:
1. Darwin Robertson
4410 Lancewood Drive South
Mobile, Alabama
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
2. Daniel Ryland (via deposition)
167 Notta Road
Repton, Alabama
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
3. James Godwin (via deposition)
896 Zach Lane
Repton, Alabama 36475
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
4. Michael Holland, M.D.
Center for Toxicology and Environmental Health, L.L.C.
5120 North Shore Drive
North Little Rock, AR 72118
May offer expert testimony regarding toxicology and drug testing.
5. James R. Nobile, C.C.M.
DocuWeather
P. O. Box 2739
Huntington Station, New York 11746
May offer expert testimony regarding the weather conditions.
6. Tim Arrington
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
7. Shawn Sizemore
625 Sandelwood Drive
Destin, Florida 32541
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
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8. Elton Navarro
K&K Offshore
1730 Couteau Street
Houma, LA
May testify regarding facts and circumstances surrounding the incident forming the
basis of the instant matter.
9. Tom Vacek
H&H Claims Consultants
40 FM 1960 West, Suite 435
Houston, TX 77090
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
10. Cynthia Bailey, Ph.D1
Touchstone NeuroRecovery Center
9297 Wahrenberger Road
Conroe, Texas 77304
May testify regarding Calvin Howard’s medical treatment and condition.
11. Chantel Brignac, PT
Brignac Physical Therapy
1732 Deroche Circle, Ste B
Gramercy, LA 70052-3548
May testify regarding Calvin Howard’s medical treatment and condition.
12. Lawrence Glorioso, III, M.D.
Magnolia Diagnostics
2700 Cadiz Street
New Orleans, LA 70015
May testify regarding Raymond Howard’s medical treatment and condition.
13. Dr. Olga Kritvisky
Advanced Medical Center
880 Behrman Highway
Gretna, LA 70056
May testify regarding Raymond Howard’s medical treatment and condition.
14. Vincent C. Mitchell, M.D.
Westbank Health Care Center
822 Manhattan Blvd
Harvey, LA 70058
May testify regarding Raymond Howard’s medical treatment and condition.
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15. Paramedic Lucas Monreal – Acadian Ambulance
P. O. Box 92970
Lafayette, LA 70509
May offer medical testimony regarding Raymond Howard’s medical treatment and
condition.
16. Tom Halverson
E.J. Halverson & Associates
P. O. Box 9189
Metairie, LA 70381
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
17. Craig Pierce, or other representative of Offshore Liftboats, LLC
P. O. Box 398
Cut Off, LA 70345
May testify regarding facts and circumstances surrounding the incident forming the basis
of the instant matter.
18. Raymond Trahan, EMT-B
Acadian Ambulance Services
P. O. Box 92970
Lafayette, LA 70509
May testify regarding Calvin Howard’s medical treatment and condition.
19. Heather Cambre and/or other representative(s) of Genesis Information Services, Inc.
Genesis Information Services, Inc.
9605 Jefferson Highway, Ste I-109
New Orleans, La 70123
May testify regarding internet posts of Raymond and Calvin Howard and surveillance.
20. Terrell Micelli
Terrell Micelli Investigations
P. O. Box 1955
Slidell, LA 70459
May testify regarding surveillance of plaintiffs.
21. Any physician/healthcare providers that examined and treated Calvin Howard and/or
Raymond Howard prior to and/or after the alleged incident in this matter.
22. Records Custodians for all medical facilities, healthcare providers, and pharmacies used by
Calvin Howard and/or Raymond Howard.
23. Any and all experts listed by any other party.
24. Any and all experts consulted by, not listed and/or called by any other party.
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25. Any witness needed to authenticate any documents listed herein or produced or identified by
any party herein.
26. Any witness needed for rebuttal or impeachment.
27. Any witness listed or called by any other party.
UNDERWRITERS
Underwriters adopt the list of witnesses submitted by Offshore Liftboats, LLC, in its
entirety, as if set forth herein on behalf of Underwriters in extenso.
XIV. JURY TRIAL
This is a jury trial. The jury trial is not applicable to all aspects of the case. The court will
hear testimony and receive evidence on the limitations issues not previously offered during the
jury portion of the trial pursuant to its order on bifurcation.
Proposed jury instructions, special jury interrogatories, trial memoranda, and any special
questions that the Court is asked to put to prospective jurors on voir dire shall be electronically
filed with the Court not later than seven full working days prior to the trial date, unless specific
leave to the contrary is granted by the Court.
XV. TRIAL
Liability will not be tried separately from damages. The jury will determine liability and
damages. Thereafter the court will hear any additional evidence not presented concerning the
limitation. Defendants have the burden of proof on the limitations petitions, which will go
forward if there is judgment in favor of plaintiffs on liability and damages. A separate
abbreviated Pre-Trial Order on the limitations case will be presented to the court. A motion on he
limitation proceeding is pending before the court and the matter will be addressed in Proposed
Finding of Fact and Conclusions of Law as well as trial memoranda that will be filed per the
court’s previous scheduling orders.
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XVI. MATTERS THAT COULD EXPEDITE TRIAL
The disposition of any or all pending motions might expedite resolution or, at least, trial
of the cases.
XVII. COMMENCEMENT OF TRIAL
Trial shall commence on January 25, 2016, at 9:00 a.m. and is estimated to last fifteen
(15) days. Trial was previously set for November 30, 2015 at 9:00 a.m. but was continued
during a status conference held on September 8, 2015, at 3:00 p.m.
XVIII. PRE-TRIAL ORDER
This pre-trial order has been formulated after conference at which counsel for the
respective parties have appeared in person. Reasonable opportunity has been afforded counsel
for corrections, or additions, prior to signing. Hereafter, this order will control the course of the
trial and may not be amended except by consent of the parties and the Court, or by order of the
Court to prevent manifest injustice.
XIX. SETTLEMENT
The possibility of settlement of this case was considered.
LAW OFFICE OF JOHN D. SILEO
/s/ John D. Sileo________________________
John D. Sileo
320 N. Carrollton Ave., Ste. 101
New Orleans, LA 70119
Telephone: (403) 486-4343
Facsimile: (504) 297-1249
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SILVESTRI & MASSICOT, LLC
/s/ Frank A. Silvestri______________________
Frank A. Silvestri, LSBA #12075
John Paul Massicot LSBA # 9044. T.A.
M. Damien Savoie LSBA 19144
3914 Canal Street
New Orleans, LA 70119
Telephone: (504) 482-3400
Facsimile: (504) 488-6082
ATTORNEYS FOR COMPLAINANT
RAYMOND HOWARD
- AND –
ZEHL & ASSOCIATES, PC
/s/ Ryan H. Zehl
Ryan H. Zehl, Esq., TX Bar No. 24047166
Eric J. Allen, Esq. TX Bar No. 24071064
Kevin C. Haynes, Esq. TX Bar No. 24055639
Zehl & Associates PC
Galleria Tower I
2700 Post Oak Blvd., Suite 1120
Houston, Texas 77056
(713) 491-6064 Telephone
(713) 583-1492 Facsimile
DELISE & HALL
/s/ Bobby J. Delise______________________
Bobby J. Delise, Esq. T.A. LA Bar No. 4847
7924 Maple Street
New Orleans, LA 70118
Telephone: (504) 836-8000
Telecopier: (504) 836-8020
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DELISE & HALL
Alton J. Hall, Jr., Esq. LA Bar No. 2846
528 W. 21st Ave.
Covington, LA 70433
Telephone: (985) 249-5915
Telecopier: (985) 809-5787
ATTORNEYS FOR COMPLAINANT CALVIN
HOWARD
/s/ Robert S. Reich_______________________
Robert S. Reich
ROBERT S. REICH, T. A. (#11163)
LAWRENCE R. PLUNKETT, JR. (#19739)
Two Lakeway Center, Suite 1000
3850 North Causeway Boulevard
Metairie, Louisiana 70002
Tele: (504) 830-3999/Fax: (504) 830-3950
Email - [email protected]
ATTORNEYS FOR OFFSHORE LIFTBOATS,
LLC
/s/ Anthony J. Staines______________________
Anthony J. Staines
STAINES and EPPLING
ANTHONY J. STAINES (#12388) (T.A.)
JASON R. KENNEY (#29933)
JEFF D. PEULER (#30017)
COREY P. PARENTON (#32918)
JAMES A. CROUCH, JR. (#35729)
3500 North Causeway Boulevard
Suite 820
Metairie, Louisiana 70002
Telephone: (504) 838-0019
Facsimile: (504) 838-0043
ATTORNEYS FOR DEFENDANTS, K&K
OFFSHORE, LLC, ATLANTIC SPECIALTY
INSURANCE COMPANY, MARKEL
AMERICAN INSURANCE COMPANY,
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PROCENTURY INSURANCE COMPANY,
NAVIGATORS INSURANCE COMPANY,
UNITED STATES FIRE INSURANCE
COMPANY, LLOYDS UNDERWRITERS, AND
TORUS INSURANCE COMPANY (UK),
LIMITED:
/s/ J. Daniel Picou________________________
J. Daniel Picou
LARZELERE PICOU WELLS SIMPSON
LONERO, LLC
Two Lakeway Center – Suite 1100
3850 N. Causeway Blvd.
Metairie, Louisiana 70002
Telephone: (504) 834-6500
Facsimile: (504) 834-6565
Wilson L. Maloz, III, T.A. (No. 26939),
J. Daniel Picou (No. 13827), [email protected]
Cory T. Stuart (No. 33394), [email protected]
ATTORNEYS FOR UNDERWRITERS LLOYD’S
This Pre Trial Order was confected by agreement of the parties and may be amended only
by consent of the parties and order of the court.
_____ _ _ _________ __________________
UNITED STATES DISTRICT JUDGE
New Orleans, Louisiana this 25th day of January, 2016.
Case 2:13-cv-04811-SM-MBN Document 757 Filed 01/25/16 Page 121 of 121
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