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Click here for the full text of this decision FACTS:In this personal-injury suit for negligence, unseaworthiness and maintenance and cure under the Jones Act, appellant, Diamond Offshore Management Co. (Diamond), appeals from a jury verdict awarding damages to appellee, Lamar Horton. Diamond’s employee, Horton, worked as a deck coordinator on an offshore drilling vessel, the Ocean Spur. At the end of October 2001, Horton and Jerry Neal, a crane operator, were attempting to move pipes in a cargo basket from one level of the Ocean Spur to a higher level, when one of the pipes, or stabilizers, suddenly struck Horton on his right arm. Horton initially complained of an arm injury, but a few months after the accident, Horton consulted Dr. Bradley Bartholomew, who later testified that the accident also had caused a herniated disc in Horton’s back. A jury found that both parties’ negligence caused Horton’s injuries. The jury attributed 10 percent of negligence to Horton, with the remaining 90 percent to Diamond, and awarded $737,664 in actual damages. In accordance with the jury’s apportionment of negligence, the trial court awarded Horton $663,906.60 and post-judgment interest. Diamond filed a “Motion For New Trial, Or In The Alternative, Motion for Remittitur.” The trial court denied Diamond’s motion for new trial. HOLDING:Affirmed. The court reviews Horton’s evidence of causation under the Jones Act standard of review � whether some evidence about which reasonable minds could differ supports the verdict. The jury heard evidence that Horton was hit with a pipe that weighed approximately 200 pounds or more. The blow from the pipe pushed him back and pinned him between the pipe and the basket holding the pipes. The jury also heard Horton testify that he had passed a physical examination that tested his back before starting work for Diamond and that he had not had any subsequent accidents or back injuries since leaving Diamond. The jury heard Bartholomew’s expert testimony that the MRI of Horton’s back showed that his injury appeared to have been caused by some type of trauma and that, in Bartholomew’s opinion, Horton’s herniated disc was caused by his accident aboard the Ocean Spur. After considering this evidence, the court concludes that Horton presented some evidence that supports the verdict. “Stated another way, Horton’s evidence, although circumstantial, satisfies the”featherweight’ burden of proof � that Diamond’s negligence played a part, albeit slight, in producing Horton’s injury.” Diamond argues that the evidence was factually insufficient to support the jury’s apportionment of negligence. In a Jones Act case, the jury has complete discretion in resolving factual issues on liability. The jury was entitled to believe that Horton was moving pipes in the cargo basket when Neal floor-boarded the basket without warning, thus injuring Horton. Neal admitted that when lifts are being performed, it is his responsibility to make sure they are done safely. Although Horton was experienced, and the evidence indicated that Diamond constantly stresses that employees should avoid getting in positions where they can get trapped between two objects, the court does not conclude that the jury’s apportionment was unreasonable. “Moreover, Diamond has not cited a single instance, and we find none, in which an appellate court reversed the jury’s apportionment of negligence in a Jones Act case and rendered a new percentage of negligence attributable to the parties, which is a conclusion based on the jury’s weighing of the evidence.” The court concludes that factually sufficient evidence supports the jury’s apportionment of negligence. OPINION:Keyes, J.; Nuchia, Keyes and Hanks, JJ.

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