On April 11, 2014, our client was working as a longshoreman aboard the M/V Komatsushima Star, which was docked at Greens Port Terminal in Houston, Texas. While he was working in the hold of the ship, a bundle of heavy metal pipes that were improperly stowed fell and crushed our client’s leg. As a result, he suffered severe and permanent injuries.
After filing suit against the ship management company, Leo Ship Management, Inc., (LSM) for failing to turn over the ship in a safe condition and for other acts of negligence, Judge Sim Lake of the United States District Court for the Southern District of Texas dismissed the case for lack of personal jurisdiction, holding that LSM did not have sufficient contacts with the State of Texas.
Our Firm appealed the decision with the assistance of Kyle Lawrence and Chad Flores of Beck Redden LLP. On March 11, 2019, the Fifth Circuit Court of Appeals held an oral argument in New Orleans on the jurisdictional issue, which was argued by Kyle Lawrence.
On May 10, 2019, in an opinion by Judge Jerry Smith, the Fifth Circuit Court of Appeals reversed the district court’s judgment, holding that LSM “purposely availed itself of Texas when its employees voluntarily entered the jurisdiction aboard the vessel.” The Court further reasoned that LSM “deliberately permitted its employees to enter Texas. It may not now escape liability resulting from its considered commercial decision.” The Fifth Circuit denied LSM’s petition for rehearing on June 4, 2019.
Related reading:
- Opinion in Carmona v. Leo Ship Management, Inc. (5th Cir.) (Smith, J.)
- Audio of Oral Argument (5th Cir.)
- Ahoy the ship! There’s personal jurisdiction. (600 Camp blog)
- Personal Jurisdiction Over a Foreign Ship Manager: A Claim-By-Claim Analysis (Offshore Winds blog)
- Maritime Update: Personal Jurisdiction Decision in Shifting Cargo Case (BHBM blog)
Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world.
Frequently Asked Questions
Absolutely nothing. At Armstrong Lee & Baker LLP, our attorneys work on a contingency fee basis. This means that you owe us nothing unless we win your case, whether that’s in the form of a settlement or a judgment. We offer a free consultation to anyone who thinks they might have a personal injury case.
We suggest speaking with an attorney as soon as possible after your injury. Something to keep in mind is that all personal injury cases need evidence, and that evidence often degrades over time. As a result, many jurisdictions have a strict statute of limitations (or time limit) for filing a claim. In Texas, most victims have only two years from the date of injury to file, so it is important to start building your case immediately.
In the state of Texas, employers have the option of filing for workers’ compensation insurance. This policy covers them in case an employee suffers an injury on the job. However, some employers choose to be non-subscribers, which means they opt out of this coverage and lose certain legal protections. This means that if an injured employee sues them after a work injury, they may end up paying more damages. In addition, they may be liable for pain and suffering, punitive damages, and medical benefits. Learn more about non-subscriber injuries here.
The Texas Department of Insurance (TDI) keeps track of employers that report their non-subscriber status. Currently, you can find a spreadsheet of every reported non-subscriber business in Texas under TDI’s workers’ compensation insurance coverage verification page. This includes the business address, business name, and filing dates. Learn more here.
There are a few different ways to manage your bills while waiting for your case to settle. For medical treatment, it is common to arrange a lien with the doctor’s office or hospital. A medical lien is essentially an agreement to pay back your treatment costs with a portion of your potential settlement. Another option for miscellaneous bills, such as rent, utilities, or other essential expenses, is lawsuit funding. Much like a lien, you pay these loans back with a portion of your settlement or judgment. However, these loans have high interest rates and fees, so be sure to discuss this option with your attorney.