Case 2:13-cv-04811-SM-MBN Document 829 Filed 02/19/16 Page ... · 3850 North Causeway Boulevard Metairie, Louisiana 70002 Tele: (504) 830-3999/Fax: (504) ... LARZELERE PICOU WELLS

Case 2:13-cv-04811-SM-MBN Document 829 Filed 02/19/16 Page 1 of 13













Page 1 of 148

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

[email protected]


Page 2 of 148

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

[email protected]

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


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]

[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:


Page 3 of 148

ANTHONY J. STAINES (#12388) (T.A.)

JASON R. KENNEY (#29933)

JEFF D. PEULER (#30017)

COREY P. PARENTON (#32918)

JAMES A. CROUCH, JR. (#35729)


Suite 820


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.


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).


Page 4 of 148

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.


Page 5 of 148

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


Liability Expert, David Cole


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


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


Page 6 of 148


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


Page 7 of 148

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


Page 8 of 148

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


Page 9 of 148

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


Page 10 of 148

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.


Page 11 of 148

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


Page 12 of 148

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


Page 13 of 148

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


Page 14 of 148

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


Page 15 of 148

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).


Page 16 of 148

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.


Page 17 of 148

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


Page 18 of 148

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


Page 19 of 148

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


Page 20 of 148

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.


Page 21 of 148

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


Page 22 of 148

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


Page 23 of 148

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,


Page 24 of 148

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.


Page 25 of 148

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.


Page 26 of 148

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.


Page 27 of 148

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.


Page 28 of 148

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


Page 29 of 148

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.


Page 30 of 148

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


61. Whether Ryland’s negligence, inexperience, inadequate training, and/or impairment


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


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.


Page 31 of 148

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.


Page 32 of 148

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


Page 33 of 148

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.


Page 34 of 148

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.


Page 35 of 148

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.


Page 36 of 148

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;


Page 37 of 148

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;


Page 38 of 148

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;


Page 39 of 148

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.


Page 40 of 148

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.


Page 41 of 148

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


Page 42 of 148

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


Page 43 of 148

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


Page 44 of 148

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







59. Calvin Howard’s Medical and Billing Records from River Parishes Hospital







60. Calvin Howard’s Medical and Billing Records from CVS Pharmacy







61. Calvin Howard’s Billing Records from St. John Emergency Group







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


Page 45 of 148







63. Calvin Howard’s Medical and Billing Records from Dr. Ralph Lilly







64. Calvin Howard’s Medical and Billing Records from Dream Pharmacy f/k/a Hope

Pharmacy







65. Calvin Howard’s Medical and Billing Records from Memorial MRI &

Diagnostics







66. Calvin Howard’s Medical and Billing Records from Brignac Physical Therapy

f/k/a Livingston Rehab & Wellness






Page 46 of 148



67. Calvin Howard’s Medical and Billing Records from Memorial Compounding

Pharmacy







68. Calvin Howard’s Medical and Billing Records from Memorial Hermann Medical

Center







69. Calvin Howard’s Medical and Billing Records from University General Hospital







70. Calvin Howard’s Billing Records from OrthoMed







71. Calvin Howard’s Medical and Billing Records from Best Choice Anesthesia &

Pain


Page 47 of 148







72. Calvin Howard’s Medical and Billing Records from Touchstone Neurorecovery

Center







73. Calvin Howard’s Medical and Billing Records from College Park Pharmacy







74. Calvin Howard’s Billing Records from Nexus Physician Services







75. Calvin Howard’s Medical and Billing Records from Quest Diagnostics








Page 48 of 148

76. Calvin Howard’s Medical and Billing Records from Whitsett Vision Group



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)




77. Calvin Howard’s Medical and Billing Records from Nurture Kare







78. Calvin Howard’s Cognitive Therapy Billing records from Dr. Richard Lawrence

Pollock







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


81. Calvin Howard’s Radiology records from Dr. Zoran Cupic and/or UT Physician

Memorial Westside f/n/a Memorial Bone & Joint Clinic


82. Calvin Howard’s Radiology records from University General Hospital



Page 49 of 148

83. Calvin Howard’s Radiology records from Christus Hospital – St. Elizabeth


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)




introduced.)

86. Any records relating to any facility at which Calvin Howard has been referred for

physical therapy


authenticity)




introduced.)

87. Prescription records for Calvin Howard


authenticity)




Page 50 of 148


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


(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


(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


(Offshore Liftboats objects on the basis of hearsay)

92. Center for Disease Control and Prevention – Facts for Physicians


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.)


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


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.


Page 52 of 148


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


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



112. API RP 75: Safety Management Procedures (Dec 12, 2014-Purchased from

TechStreet)




Page 53 of 148

113. API Recommended Practice 2D Fifth Edition, June 2003: Operation and

Maintenance of Offshore Cranes


114. BHP Billiton Petroleum HSE: Personnel Transfers



115. Billy Pugh Co., Inc.: Recommended Practice for Crane Suspended Offshore

Personnel Transfers



116. Billy Pugh Co., Inc.: 800 Series Daily Inspection Form (JSA in Rough Seas)


117. Billy Pugh Co., Inc.: Sample JSA for Personnel Transfers



118. Billy Pugh Co., Inc.: Model 800 Series Specifications


119. Chevron Letter regarding Personnel Transfer Procedures



120. Crane Regulations: 46 CFR 109.521

(K&K objects on the basis of relevance, hearsay, law, authenticity)


121. Crew Transfer Safety: Off Centered Lifts and Lateral Crash




Page 54 of 148

122. Billy Pugh Offshore Basket Incident



123. IMCA Safety Flash 3/13: Fatality during Basket Transfer



124. IMCA: Guidance on Operational Communications



125. IMCA: Guidance on Transfer of Personnel to and from Offshore Vessels and

Structures



126. IMCA: Guidelines for Lifting Operations



127. International Maritime Organization: Guidance on Safety When Transferring

Persons at Sea



128. Oil & Gas Procedures: Lifting & Hoisting Safety Recommended Practice




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



130. U.S. Department of the Interior Minerals Management Service Gulf of Mexico

OCS Region: Job Safety Analysis (JSA)



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



133. Shell Manual for All Offshore Lifts



134. The Standard: Personnel Transfer Using Ship’s Cranes



135. Billy Pugh Co., Inc.: X-800 Series Inspections - JSA in Rough Seas




Page 56 of 148

136. Offshore Liftboats, LLC’s Facebook Post regarding SEMS II Safety Compliant


137. Offshore Liftboats, LLC’s Facebook Post regarding Raymond Howard’s Six Year

Anniversary


138. Offshore Liftboats, LLC’s Facebook Post of L/B JANIE GA424


139. Offshore Liftboats, LLC’s Website: Congratulations Raymond Howard


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


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


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)


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)


live testimony.)

148. Offshore Liftboats001076 - Offshore Liftboats001101: Captain Tim Lawrence -

Original Draft Statement


testimony)


live testimony.)

149. Recorded Statement of Darwin Carmichael Robertson


testimony)


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)


live testimony.)

151. Offshore Liftboats000678 - Offshore Liftboats687: Robert O’Neil Perryman’s

Statement



live testimony.)

152. OLB001459– OLB001462: Statement of James Killian


Page 58 of 148



live testimony.)

153. Offshore Liftboats000796: Jose Fernandez Written Statement


testimony)


live testimony.)

154. Offshore Liftboats000975 - Offshore Liftboats000987: Jose Fernandez Typed

Statement


testimony)


live testimony.)

155. Offshore Liftboats000794: Sylvester Richardson Statement


testimony)


live testimony.)

156. Offshore Liftboats001102 - Offshore Liftboats001138: Sylvester Richardson

Typed Statement


testimony)


live testimony.)

157. OLB001454 – OLB001458: Statement of Gerald Holloway


testimony)


live testimony.)

158. Offshore Liftboats000795: Tim Arrington’s Statement


Page 59 of 148


testimony)


live testimony.)

159. Offshore Liftboats000889 - Offshore Liftboats000922: Tim Arrington’s Typed

Statement


testimony)


live testimony.)

160. Shaun T. Sizemore’s Statement


testimony)


live testimony.)

161. Offshore Liftboats000793: Rick Simeoneaux Statement


testimony)


live testimony.)

162. Offshore Liftboats 000845 – Offshore Liftboats850: Rick Simeoneaux Written

Statement


testimony)


live testimony.)

163. Statement of James A. Godwin


testimony)


live testimony.)


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




not evidence.)

166. 46 USC § 7503: Dangerous Drugs as Grounds for Denial




not evidence.)

167. 46 USC § 8701: Merchant Mariners’ Documents Required




not evidence.)

168. 49 CFR 40.197: What Happens when an Employer Receives a Report of a Dilute

Specimen




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



Page 61 of 148



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


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


(Offshore Liftboats objects on the basis of authenticity; relevance; hearsay.)

180. Offshore Liftboats000810 - Offshore Liftboats000822: Tom Vacek’s Report

regarding Witness Interviews


(Offshore Liftboats objects on the basis of authenticity; hearsay; duplicative of

live testimony.)

181. Calvin Howard’s Cervical MRI Color



Page 62 of 148

182. Calvin Howard’s Lumbar MRI Color


183. Calvin Howard’s Post Op Cervical Spine with Hardware (B&W)


184. Calvin Howard’s Post Op Cervical Spine with Hardware (color)


185. Heinen Medical Review – Medical Records Pertaining to James Godwin


186. JANIE Additional Handwritten Vessel Logs



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


190. Reich’s Letter to Counselors Enclosing Acadian Ambulance Medical Records for

Calvin Howard


(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



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


195. Offshore Liftboats, LLC’s JSA for Crane Operation


196. Offshore Liftboats, LLC’s JSA Post Job Analysis Review and Explanation Sheet


subsequent remedial measure.)

197. Offshore Liftboats, LLC’s Controlled Substance & Alcohol Misuse Policy (Non-

DOT)



198. Offshore Liftboats, LLC’s JSA for Personnel Transfer



199. Psychomotor Function in Chronic Daily Cannabis Smokers During Sustained

Abstinence

(K&K objects on the basis of relevance, hearsay, authenticity, materials never

produced)


200. OLB 000023 - OLB 000026: Sylvester Richardson’s Crane Operator Test

201. CH002279 - CH002281: Business Health Partners - S. Richardson Drug Test

Results


202. Offshore Liftboats000400: Tim Lawrence Post Accident Drug Test Results


Page 64 of 148

203. USCG Investigation Activity Report: JONI; Loss of Stability


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




206. Offshore Liftboats, LLC’s Persons on Board Form(s)




207. Offshore Liftboats, LLC’s On/Off Hitch Sign Off Form(s)




208. Offshore Liftboats, LLC’s Non-Witness Statements

(K&K objects on the basis of relevance, hearsay, vague, authenticity)




209. Offshore Liftboats, LLC’s listing of medical expenses & maintenance pay to

Calvin Howard


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)


Page 65 of 148




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)




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)




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)




214. Offshore Liftboats, LLC’s Certificate of Marine/Energy Insurance




215. Offshore Liftboats, LLC’s accident file




216. Offshore Liftboats, LLC’s 2013 Employee Benefits Program

217. Crane cards for RAM100-100


Page 66 of 148


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)




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)




224. Any communication regarding the project and/or incident.


overly broad)





Page 67 of 148

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.


overly broad)




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)


228. K&K Offshore, LLC’s Answers to Interrogatories, Requests for Admissions, and

Request for Production of Documents



229. Bay South Inc.’s Bay South's Corporate Disclosure Statement


230. Raymond Howard’s Answers to Interrogatories, Requests for Admissions, and

Request for Production of Documents.



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



Page 68 of 148

233. Business Health Partners’ documents obtained via Plaintiff’s subpoena request for

records pertaining to Sylvester Richardson


234. G.A. West & Company’s documents obtained via Plaintiff’s subpoena request for

records.


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




239. Sylvester Richardson’s criminal records




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)


Page 69 of 148

(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.


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


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


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)


relevance.)


Page 70 of 148

251. Robert E. Borison CV and report(s)


(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


253. Offshore Liftboats, LLC’s Insurance Coverage with Newman Martin and Buchan,

LLP regarding the L/B JANIE


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


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


Page 71 of 148


overly broad)


265. H&H Claims Consulting, L.L.C.’s Accident File


overly broad)


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)


duplicative of live testimony.)

268. USCG Accident files regarding this incident


overly broad)

269. USCG Investigation files regarding this incident


overly broad)

270. Offshore Liftboats, LLC’s Crane Operator Training Requirements


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


Page 72 of 148

(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


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


(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








276. Medical records and billing of Raymond Howard – Magnolia Diagnostics








277. Medical records and billing of Raymond Howard – Westbank Healthcare Center





Page 73 of 148





278. Medical records and billing of Raymond Howard – Dr. K. E. Vogel








279. Medical records and billing of Raymond Howard – Advanced Medical Center








280. Medical records and billing of Raymond Howard – Acadian Ambulance Service








281. Medical records and billing of Raymond Howard – Louisiana Primary Care

Consultants



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)




Page 74 of 148



282. Medical records and billing of Raymond Howard – Advanced Neurodiagnostic

Center








283. Medical records and billing of Raymond Howard – Dr. Richard Richoux








284. Medical records and billing of Raymond Howard – Dr. Susan Andrews





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









Page 75 of 148

286. Medical records and billing of Raymond Howard - Drs. Heitmeier, Frisbee and

Nguyen








287. Medical records and billing of Raymond Howard – Nevada Imaging Center








288. Medical records and billing of Raymond Howard – Omega Hospital








289. Medical records and billing of Raymond Howard – Proscan Imaging








290. Medical records and billing of Raymond Howard – DMA


Page 76 of 148








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


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)





292. Medical records and billing of Raymond Howard – West Jefferson Medical

Center SPECT Scan








293. Medical records and billing of Raymond Howard – Folse Pharmacy








294. Wage & Earnings Records of Raymond Howard


Page 77 of 148

(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.


authenticity)


discovery; hearsay; authenticity.)

298. Any exhibit needed for impeachment.


authenticity)

299. Any exhibit to any deposition.


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.


authenticity)

301. Any deposition for any purpose permitted under the FRCP and FRE.


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


Page 78 of 148

(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.


Page 79 of 148

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.


320. Training materials in connection with personnel basket transfers.



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.


330. Correspondence from RAM regarding the RAM 100 Crane.


Page 80 of 148


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.



authenticity, documents not previously produced prior to deadlines)

334. K&K Offshore Company Safety Policies and Procedures.


335. K&K Offshore vessel particulars for the M/V CONTENDER.


336. Blake Ryland’s personnel file with K&K.


337. Drug test results for M/V CONTENDER crew following this incident.


authenticity)

338. Shaun Sizemoore’s personnel file with K&K.


339. Rough Logbook for the M/V CONTENDER.


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.


Page 81 of 148

346. L/B JANIE profile arrangement.


347. Any exhibit listed by any other party.


authenticity)

348. Any exhibit needed for impeachment.


authenticity)

349. Any exhibit to any deposition.


authenticity)

350. Any exhibit relied upon by any expert.


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;


Page 82 of 148

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


Page 83 of 148

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;


Page 84 of 148

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


Page 85 of 148

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.)


Page 86 of 148

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


Page 87 of 148

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


Page 88 of 148

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


Page 89 of 148

(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


(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


(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


Page 90 of 148

(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


(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.


Page 91 of 148

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


(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.


Page 92 of 148

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


(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


(504) 368-7081

Medical – Treating and Expert; treating plaintiff for vision problems


Page 93 of 148

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


22. Rianna Howard, Raymond’s daughter (6 years old)

9 Astor Lane

Waggaman, LA 70094


23. Angela Griffith, Raymond’s mother

(504) 319-0340


24. Ryan Howard, Raymond’s brother


25. Edward Howard, Raymond’s Uncle

(504) 628-7918


26. Jacqueline Hawkins, Raymond’s mother-in-law

(504) 232-0072


27. Anita Howard, Calvin’s mother


Page 94 of 148

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).


Page 95 of 148

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


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.


PO Box 92970

Lafayette, LA 70509

(800) 259-2222




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.


UT Professional Building

6410 Fannin Street, Suite 1423


Page 96 of 148

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


2830 Calder St.

Beaumont, TX 77702

(409) 892-7171




38. River Parish Hospital


500 Rue de Sante

La Place, LA 70068

(985) 652-7000




39. St. John Emergency Group


500 Rue de Sante

La Place, LA 70068

(888) 703-3301




40. Brignac Physical Therapy f/k/a Livingston Rehab & Wellness


1732 Deroche Circle


Page 97 of 148

Gramercy, LA 70052

(225) 869-0389




41. CVS Pharmacy


One CVS Drive

Woonsocket, TI 02895

(401) 765-1500



regarding the same.

42. Memorial Compounding Pharmacy


2918 San Jacinto St.

Houston, TX 77004

(713) 523-7847



regarding the same.

43. Memorial Hermann Hospital


6411 Fannin St.

Houston, TX 77030

(713) 704-4000




44. Best Choice Anesthesia & Pain


7010 Champions Plaza Dr., Suite 300

Houston, TX 77069

(832) 698-5330


Page 98 of 148




45. University General Hospital


7501 Fannin Street

Houston, TX 77054

(713) 375-7000




46. OrthoMed


4710 Katy Fwy., Suite A

Houston, TX 77007

(713) 691-9800




47. Touchstone Neurorecovery Center


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


3115 College Park Dr., Suite 103A

Conroe, TX 77384

(936) 321-4011


Page 99 of 148



regarding the same.

49. Nexus Physician Services


1 Riverway, Suite 600

Houston, TX 77056

(323) 878-2633




50. Whitsett Vision Group

Cybele C. Woon, M.D


1237 Campbell Rd.

Houston, TX 77055

(713) 365-9099




51. Nurture Kare


480 N. Sam Houston Parkway, Suite 160

Houston, TX 77060

(281) 570-7761




52. Quest Diagnostics


5850 Rogerdale Rd.

Houston, TX 77072

(713) 877-6000





Page 100 of 148

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


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


56. Gerald Gene Holloway, Onboard L/B JANIE at time of incident

General Fabricators employee

314 Carver

Lafayette, LA 70506

(337) 414-3440


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


58. Alere Toxicology Services, Inc.


11111 Newton Street

Gretna, LA 70053

(504) 361-8989

Representative will testify as to the post-incident drug testing.


Page 101 of 148

59. Business Health Partners


299-B Cities Service Highway

Sulphur, LA 70663

(337) 626-1011


60. Heinen Medical Review

Brian N. Heinen, M.D.


151 Leon Street

Eunice, LA 70535

(337) 457-0493


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


Page 102 of 148

65. Everett Robert, M.D.


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


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).


Page 103 of 148


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


representative who has ever worked with Calvin Howard.

77. Any present or former employee or representative of Offshore Liftboats, L.L.C., with


representative who has ever working with Calvin Howard.

78. Any present or former employee or representative of K&K Offshore, L.L.C., with


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.


Page 104 of 148

80. Newman, Martin, & Buchanan, LLP


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


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.


Page 105 of 148

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.


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


Page 106 of 148

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


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.


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


Page 107 of 148

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


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



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


Geniuses Information may testify regarding surveillance and investigation undertaken

regarding plaintiffs.


Page 108 of 148

17. Dr. John Thompson

1440 Canal Street, 10th

Floor


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


Page 109 of 148

Suite 900


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.


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


Page 110 of 148

Mr. Holloway may testify regarding the facts and circumstances surrounding this incident


29. Robert Perryman

120 N. Deshotel Avenue

Kaplan, LA 70540

Mr. Perryman may testify regarding the facts and circumstances surrounding this incident


30. James Killian

2499 Pine Chase Circle

St. Cloud, FL. 34769

Mr. Killian may testify regarding the facts and circumstances surrounding this incident


31. Brian Mizell

15369 S. Choctaw

Bogalusa, LA 70427

Mr. Mizell may testify regarding the facts and circumstances surrounding this incident


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



Page 111 of 148

May testify to authenticate the training video and script regarding personnel basket

transfers.

36. Rick Simoneaux

202 Highland Rd.


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


May testify regarding facts and circumstances surrounding the incident forming the basis

of the instant matter.

2. Timothy Lawrence (via deposition)

1711 Fuselier Rd.




3. Jose Fernandez (via deposition)

2850 Wallingford Dr. #308

Houston, TX



4. Rick Simoneaux (via deposition)

268 Moses Lane





Page 112 of 148

5. Sylvester Richardson (via deposition)

52 Nickel Drive

Independence, LA 70403



6. Kenneth Boudreaux



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


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


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


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


Page 113 of 148

4324 Veterans Blvd., Ste 107


May offer expert testimony regarding Raymond Howard’s medical condition.

13. Brian Peterson, M.D.

East Jefferson Neurological Associates


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


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.


Department of Psychiatry and Behavioral Science

1440 Canal Street, 10th Floor (TB53)



condition.

17. Carla Seyler

Seyler Favaloro

1615 Poydras St., Ste. 1040


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.


Page 114 of 148

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



2. Daniel Ryland (via deposition)

167 Notta Road

Repton, Alabama



3. James Godwin (via deposition)

896 Zach Lane

Repton, Alabama 36475



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



7. Shawn Sizemore

625 Sandelwood Drive

Destin, Florida 32541




Page 115 of 148

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



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


12. Lawrence Glorioso, III, M.D.

Magnolia Diagnostics

2700 Cadiz Street


May testify regarding Raymond Howard’s medical treatment and condition.

13. Dr. Olga Kritvisky

Advanced Medical Center

880 Behrman Highway

Gretna, LA 70056


14. Vincent C. Mitchell, M.D.

Westbank Health Care Center

822 Manhattan Blvd

Harvey, LA 70058



Page 116 of 148

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



17. Craig Pierce, or other representative of Offshore Liftboats, LLC

P. O. Box 398

Cut Off, LA 70345



18. Raymond Trahan, EMT-B

Acadian Ambulance Services

P. O. Box 92970

Lafayette, LA 70509


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.


Page 117 of 148

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.


Page 118 of 148

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


Telephone: (403) 486-4343

Facsimile: (504) 297-1249


Page 119 of 148

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


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


(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


Telephone: (504) 836-8000

Telecopier: (504) 836-8020

[email protected]


Page 120 of 148

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

[email protected]

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



Tele: (504) 830-3999/Fax: (504) 830-3950

Email - [email protected]

[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)


Suite 820


Telephone: (504) 838-0019

Facsimile: (504) 838-0043

ATTORNEYS FOR DEFENDANTS, K&K

OFFSHORE, LLC, ATLANTIC SPECIALTY

INSURANCE COMPANY, MARKEL

AMERICAN INSURANCE COMPANY,


Page 121 of 148

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.


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]

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.
