HOUSTON - A Jones Act claim for an injured back has settled, as Kilgore Offshore is no longer seeking to appeal a multi-million, “record-crushing” award that followed a bench trial.
Kilgore and Enterprise Offshore appealed the judgment last March, requesting a new trial “because the trial court’s $60 million ‘compensatory’ damages award is grossly excessive and violates due process,” states Kilgore’s appellate brief.
Earlier this month, however, the companies filed a motion to dismiss, stating that the parties have reached a settlement, court records show.
On Aug. 12, the First Court of Appeals granted the motion, issuing a memorandum opinion.
According to Kilgore’s brief, the lawsuit brought by Linez Green was a “routine personal injury case” alleging “garden variety injuries.”
After falling and hurting his back during a personnel transfer on an offshore drilling rig, Green collected maintenance and cure from his employer. He then “nonetheless” sued Kilgore, the brief states.
During a four-day bench trial in February 2024, Green proceeded on a Jones Act claim and a general maritime negligence claim against Kilgore. In closing statements, he made an “unsupported” request for approximately $34 million in damages.
On March 26, 2024, the trial court signed a final judgment in Green’s favor, awarding him $60 million for actual damages – almost double what he requested.
In its brief, Kilgore asserts that the award is “far greater than any award ever sustained in Texas” for comparable injuries.
“This is a routine personal injury case with a record-crushing award,” the brief states. “The $60 million ‘compensatory’ damages award in this case following a short bench trial is, by far, the largest award for comparable alleged injuries in Texas history, whether bench or jury trial.
“The actual damages award in this case surpasses all previous comparable awards by tens of millions of dollars.”
Kilgore had argued that the trial court’s “avalanche of a judgment” was the result of “a cascading series of missteps” in litigation that concerns “a simple non-surgical back injury.”
The Wright Close & Barger law firm represented Kilgore.
Green was represented by the Spagnoletti Law Firm.
Appeals case No. 01-24-00319-CV