29th - CompQuantum · APPEARANCES: Jonathan H. Adams and William Scarth Clark for plaintiff William B. Schwartz and Jedd S. Palish for defendant. JURY TRIAL. Continued from May 23,

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA

KEVIN JORDAN CIVIL ACTION

VERSUS NO. 15-1226

ENSCO OFFSHORE COMPANY SECTION "E" (1)

J U D G M E N T

Considering the verdict rendered by the jury on May 26, 2016, accordingly;

IT IS ORDERED ADJUDGED AND DECREED that there be judgment in

favor of defendant ENSCO Offshore Company and against plaintiff Kevin Jordan,

dismissing plaintiff's claims with prejudice.

New Orleans, Louisiana, this day of May, 2016.

SUSIE MORGAN UNITED STATES DISTRICT JUDGE

29th

Case 2:15-cv-01226-SM-SS Document 195 Filed 05/31/16 Page 1 of 1






1

MINUTE ENTRY MORGAN, J. May 23, 2016

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

KEVIN JORDAN, CIVIL ACTION Plaintiff VERSUS No. 15-1226 ENSCO OFFSHORE COMPANY, SECTION “E” Defendant A status conference was held on May 23, 2016 at 8:30 a.m. in the chambers of

Judge Susie Morgan.

Present: Jonathan Adams (via telephone), counsel for Plaintiff, Kevin Jordan; William Schwartz & Jedd Malish, counsel for Defendant, ENSCO Offshore Company.

The Court discussed with counsel for the parties the impending jury trial in this

matter and issues related thereto.

Plaintiff’s counsel informed the Court that he withdrew any objection to Exhibit

79. This exhibit is admissible, and any objection to it is OVERRULED AS MOOT.

The Court revisited its ruling on Plaintiff’s objection to Exhibit 90. Exhibit 90

includes Plaintiff’s medical records from South Central Regional Medical Center. The

Court previously sustained Plaintiff’s objection to this exhibit, in globo.1 Defense counsel

asked the Court to reconsider this ruling, specifically with respect to the pages Bates

labeled 2175, 2178, 2182, and 2184. The Court revisited the ruling and will overrule the

1 R. Doc. 179 at 17.


2

objection as to those pages. As such, the pages Bates labeled 2175, 2178, 2182, and 2184

are admissible, and the objection as to these pages is OVERRULED.

New Orleans, Louisiana, this 23rd day of May, 2016. _____________________________ SUSIE MORGAN UNITED STATES DISTRICT JUDGE JS10 (0:32)


MINUTE ENTRYMORGAN, J.MAY 24, 2016



VERSUS NO. 15-1226

ENSCO OFFSHORE COMPANY SECTION "E"

JUDGE SUSIE MORGAN, PRESIDING

TUESDAY, MAY 24, 2016 AT 8:30 A.M.

COURTROOM DEPUTY: Cesyle NelsonCOURT REPORTER: Donna Goree

APPEARANCES: Jonathan H. Adams and William Scarth Clark for plaintiffWilliam B. Schwartz and Jedd S. Palish for defendant

JURY TRIAL

Continued from May 23, 2016.

Exhibit 74 (EOC-KFJ 1497 through 1499) is excluded.

Exhibits 18 (EOJ-KFJ 218); 17 (EOC-KFJ 187, 188, 194, 190, 191, 195, 196, 197); 40; 10; 14(KFJ 134 through 141); 9 (KFJ 90); 104 (EOC-KFJ 287) were offered and admitted into evidence.

Witnesses called by the plaintiff and placed under oath:Video deposition of Justin Clifton played;Kevin Jordan;

Out of turn witness:Dr. Keith Patrick Melancon tendered as and accepted by the Court as an expert in the fieldof orthopaedic medicine; Dr. Christopher Cenac, Jr. tendered as and accepted by the Court as an expert in the fieldof orthopaedic surgey;

Testimony of Mr. Jordan resumed.

Jury instructed.


Court recessed at 4:50 p.m. until May 25, 2016 at 8:30 a.m.

JS-10:8:00





VERSUS NO. 15-1226



WEDNESDAY, MAY 25, 2016 AT 8:30 A.M.



JURY TRIAL


Exhibits 109 (361, 483, 484, 487); 72 (1470); 83(2135, 2136); 78 (1911, 1914); 66 (1289, 1290); 68(1372, 1383, 1378); 62 (1052); 79 (1962, 1968, 1969); 75 (1538, 1539, 1540); 6 (46, 48, 49); 90(2182, 2178); 5 (2, 3, 4 , 5, 10); 28 (4203 through 4205); 88 (3919, 3921, 3930, 3932); 63 (1117,1119, 1120, 1122, 1124, 1125, 1086, and 1987)

Witnesses called by plaintiff and placed under oath:Elizabeth D. Bauer, tendered as and accepted by the Court as an expert in the field of lifecare planning and vocational rehabilitation;John Consoul Gardner, Sr., tendered as and accepted by the Court as a consulting economic expert;Franklin T. Jordan;

Plaintiff rests.

Defendant moves for judgment as a matter of as to future medical expenses - motion denied by theCourt.

Witnesses called by the defendant and placed under oath:


Dr. Eric George, tendered as and accepted as an expert in the field of hand surgery.

Court recessed at 12:00 p.m. and resumed at 1:00 p.m.

Dr. Mark Boquet, tendered as and accepted as an expert in the field of family andoccupational medicine;Video tape deposition of Joanna Michele Jordan;Video tape deposition of Marti George;Video tape deposition of Weston Mark Isbell;Video tape deposition of Vernon Lacaze.

Jury recessed at 5:00 p.m. until May 26, 2016 at 9:00 a.m.

Jury instructions and verdict form were discussed. Court issued ruling on defendant's objectionsto its proposed final jury instructions.

Exhibits 105 (522 through 527, 540, 544 through 547, 554 through 556); 17 (185, 186, 189, 192,192); 18 (216, 217); 19 (234); 16 (161 through 163); 54 (426, 424, 464); 57 (461) offered andadmitted into evidence.

Court recessed at 6:20 p.m. until May 26, 2016 at 8:30 a.m.

JS-10:9:00





VERSUS NO. 15-1226



THURSDAY, MAY 26, 2016 AT 8:30 A.M.



JURY TRIAL


Witnesses called by defendant and placed under oathVideo deposition of Vernon Lacaze continued;Video deposition of Forest Phelps;Video deposition of Dr. Vivek Barclay;Deposition of Dr. Brandon Donnelly read;Robert Strong;Julie Slocum.

Defendant rests.

No rebuttal by plaintiff.

Court recesses at 12:35 p.m. and resumed at 1:20 p.m.

Closing arguments by counsel.

Time sheets marked as exhibit Court #2.


Certification of Exhibits marked as exhibit Court #3.

Jury charged and retired for deliberation at 2:50 p.m.

Jury notes marked as exhibits Court #4 and #5

Jury returned from deliberation at 4:30 p.m. with verdict in favor of the defendant. Judgment willbe entered.

Jury excused.

Court adjourned at 5:00 p.m.

JS-10:5:30


Case 2:15-cv-01226-SM-SS Document 191-1 Filed 05/26/16 Page 1 of 4






1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

KEVIN JORDAN * CIVIL ACTION NO.: 2:15-cv-1226

*

VERSUS * SECTION: E

*

ENSCO OFFSHORE COMPANY * DISTRICT JUDGE: SUSIE MORGAN

*

* DIVISION: 1

*

* MAGISTRATE JUDGE: SALLY SHUSHAN

******************************************************************************

JOINT PRE-TRIAL ORDER

1. The Date of the Pre-Trial Conference

April 28, 2016.

2. The Appearance of Counsel Identifying the Party(s) Represented

Jonathan H. Adams

Peter S. Koeppel

W. Scarth Clark

2030 St. Charles Avenue

New Orleans, Louisiana 70130

Attorneys for Kevin Jordan

William B. Schwartz

Jedd S. Malish

Baldwin Haspel Burke & Mayer LLC

1100 Poydras Street, 36th

Floor

New Orleans, LA 70163-2200

Attorneys for Ensco Offshore Company

3. Description of the Parties

Kevin Jordan is a resident and citizen of the State of Mississippi.

Kevin Jordan was employed as a floorhand and worked aboard the ENSCO 8506 on

March 3, 2013. At that time, Kevin Jordan was an employee of Ensco Offshore Company which


2

operated the ENSCO 8506. Kevin Jordan has brought claims against Ensco which is a direct

defendant to the plaintiff.

4. With Respect to Jurisdiction, a Brief Summary of the Factual Basis Supporting Each

Claim Asserted.

Plaintiff relies on jurisdiction by virtue of diversity of citizenship of the parties and

requisite jurisdictional amount. Thus, the Court has jurisdiction pursuant to 28 USC § 1332.

Further, Plaintiff brings this action against ENSCO pursuant to the Jones Act, 46 USC § 30104.

42 USC § 688. Plaintiff sustained severe injuries that required surgery while in the service of an

ENSCO vessel in navigation to which he was permanently assigned. Thus, the Court has

jurisdiction pursuant to 28 USC § 1331. Jurisdiction is not contested.

5. A List and Description of any Motions Pending or Contemplated and any Special Issues

Appropriate for Determination in Advance of Trial on the Merits.

a. Plaintiff

Plaintiff may file evidentiary motions in limine within the deadlines set forth in this

Honorable Court’s scheduling order. Plaintiff will also file a motion to strike all allegations

sounding in fraud and purported evidence of fraud because Ensco never plead fraud as an

affirmative defense in its answers.

b. ENSCO

Ensco may file evidentiary motions in limine within the deadlines set forth in this

Honorable Court’s scheduling order.

6. A Brief Summary of the Material Facts Claimed By:

a. Plaintiff

At approximately 9:00 p.m. on March 3, 2013, Plaintiff was a member of the crew

(floorhand) working the night tour on the drill floor aboard the ENSCO 8506, a vessel in


3

navigation. The drill crew was tripping pipe out of the hole (pulling the drill string out of the

well). In furtherance of this operation, Plaintiff was instructed by his superior to pull on a metal

cable spooled to a yellow air hoist when a burr on the cable penetrated his glove and punctured

the tip of his left index finger. Plaintiff’s glove was provided by ENSCO. It was neither steel

mesh nor puncture resistant. Plaintiff took his glove off and examined the injury. Believing the

injury to be minor, Plaintiff resumed working. The accident occurred 9 hours into Plaintiff’s 12

hour tour. The air hoist and cable had been used before by other floorhands prior to Plaintiff

using it. The defective condition (the burr) should have been discovered and fixed by the

crewmember who initially used it at the commencement of the tour. Furthermore, the defective

cable was had not been maintained in that it had not been greased thereby exposing it to

corrosive salt air. ENSCO replaced the cable after the accident on March 4th

. The defective

cable, as well as the failure to inspect and the failure to maintain, caused the ENSCO 8506 to be

unseaworthy. This unseaworthiness was a factual and proximate cause of Plaintiff’s damages.

ENSCO is also negligent in failing to inspect and maintain this cable. ENSCO also acted

unreasonable in delaying Plaintiff proper medical care and this delay to a reasonable degree of

medical probability caused Plaintiff to develop a diagnosis of Reflex Sympathetic Dystrophy in

his left index finger.

When Plaintiff awoke in the early morning of March 4, 2013, the wound had become

very painful. Plaintiff’s left index finger was swollen and discolored. Plaintiff reported the

injury to the rig’s medic at 6:00 a.m. The medic reported a small puncture wound and “pain,

swelling, [and] limited range of motion” of the left index finger. Other crew members who saw

the injury also noted the puncture wound was small and the finger was swollen and discolored.

The medic reported Plaintiff had Cellulitis, an infection of the skin and/or of the soft-tissues


4

underneath the skin. However, Plaintiff was actually suffering from Flexor Tenosynovitis, an

infection that occurs inside of the flexor sheath of the tendon.

Flexor Tenosynovitis is caused by deep puncture wounds. Cellulitis is treated with

antibiotics. Flexor Tenosynovitis is also treated with antibiotics. Flexor Tenosynovitis also

requires emergent irrigation and debridement surgery to remove the infection from the sheath

and it must be treated quickly and aggressively. Flexor Tenosynovitis is diagnosed by observing

the Kanavel’s Cardinal Signs, which are: (1) swelling of the finger, (2) tenderness along the

tendon sheath, (3) limited movement with the finger held slightly bent; and (4) pain with

attempted movement of the finger. Plaintiff was exhibiting all of these symptoms. If damage to

the sheath occurs or scar tissue develops, the finger motion may never return to 100%.

Plaintiff’s injury required him to be immediately removed from the vessel for proper

medical treatment. This would have classified plaintiff’s accident as a “lost time” incident.

Plaintiff was kept on the vessel for 2 days after he reported the accident and was examined by the

medic. During this time, Plaintiff was required to keep working and using his left hand. On

March 4th

, Plaintiff received betadine / peroxide soaks and ibuprofen. On March 5th

, Plaintiff

received Bactrim (an antibiotic), ibuprofen, betadine / peroxide soaks, and ice therapy.

The ENSCO Daily Drilling Reports and the Morning Reports on March 4th

deny an

accident or injury happened on the vessel. This is inconsistent with the March 4th

date wherein

Plaintiff reported the injury to the medic. The ENSCO Daily Safety and Operations Report on

March 4th

mentions the accident, but classifies it as merely a “First Aid” accident and not “Lost

Time” accident or even “Recordable” accident. ENSCO kept Plaintiff on the vessel because it

did not want a Lost Time or Recordable accident.


5

Plaintiff was finally evacuated from the rig on March 6th

. ENSCO had a driver waiting

for Plaintiff at the helipad in Port Fourchon, Louisiana. Plaintiff was taken to All Industrial

Medical Services which is actually inside of Terrebonne General Medical Center in Houma,

Louisiana. All Industrial is ENSCO’s medical facility of choice. All Industrial aspirated the

wound to extract puss for a culture. All Industrial provided to Plaintiff was Bactrim, Doxy

(another antibiotic), ibuprofen, and warm water soaks. Plaintiff was placed in a hotel room

overnight. Plaintiff was also given a drug test, which he passed. Plaintiff was kept on full duty.

Plaintiff returned to All Industrial on March 7th

(3 days after he reported the accident and

injury) and reported an increase in redness and swelling. Plaintiff also reported having fever the

night before. All Industrial referred Plaintiff to Houma Orthopedic Clinic which diagnosed

Plaintiff with Flexor Tenosynovitis and recommended emergent irrigation and debridement

surgery, which Plaintiff underwent at Terrebonne General the same day under general anesthesia.

Plaintiff stayed in Terrebonne General for 2 days. As instructed, Plaintiff underwent post-

surgical physical therapy at Rosewood Rehabilitation. When he was discharged from physical

therapy, Plaintiff still reported significant pain in his left index finger.

Plaintiff started treating with Dr. Keith Melancon, an orthopedist, on August 20, 2014.

Dr. Melancon noted “a left index finger with significant dysvascular changes from the middle of

the middle phalanx on distally.” Plaintiff was unable to fully extend the finger or flex it. He

reported decreased sensation, changes in sweating, and pain radiating up the left arm. Dr.

Melancon diagnosed Plaintiff with dystrophic changes of the left index finger.

Plaintiff treated with Dr. Wendell Helveston, a neurologist, on August 25, 2014. Dr.

Helveston noted color change, weakness, and numbness in Plaintiff’s left index finger. Dr.

Helveston also noted “[t]his patient exhibits limited flexion of the left index finger and impaired


6

strength due to pain.” Dr. Helveston referred Plaintiff for an EMG / nerve conduction study and

prescribed Plaintiff gabapentin for nerve pain. The EMG was normal which, per Dr. Melancon,

ruled out carpal tunnel syndrome. Plaintiff followed up with Dr. Helveston on September 17,

2014. Dr. Helveston noted weakness and numbness in the left index finger.

Plaintiff returned to Dr. Melancon on December 9, 2014 with complaints of pain in the

left index finger. Basically at that point, the finger was just getting in the way. A physical exam

demonstrated coolness and tenderness of the left index finger. Dr. Melancon diagnosed Plaintiff

with dystrophic changes of the left index finger. More importantly, Dr. Melancon opined that

Plaintiff was suffering from a localized form of Reflex Sympathetic Dystrophy (RSD) in the left

index finger. Dr. Melancon recommended amputation to allow Plaintiff to use the other fingers

in his hand without the index finger getting in the way.

Plaintiff treated with Dr. Paul Talbot, a plastic surgeon, on January 22, 2015. Dr. Talbot

diagnosed Plaintiff with dystrophic changes in the left index finger.

On March 17, 2015 returned to Dr. Melancon. The assessment was “RSD of the left

index finger.” Dr. Melancon referred Plaintiff to Dr. Brandon Donnelly, an orthopedist who

works with Dr. Melancon, to see if there was anything further that could be done. Plaintiff

treated with Dr. Donnelly on April 1, 2015. Dr. Donnelly diagnosed Plaintiff with post traumatic

dysesthetic pain and recommended digital block and hand therapy. Dr. Donnelly opined that

amputation would be a “salvage procedure” meaning it is an option in the event less drastic

measures fail to relieve the pain and/or improve the functionality of the finger. Dr. Donnelly

performed the digital block on May 4, 2015. Although the block briefly improved the pain, it did

not improve the range of motion in Plaintiff’s left index finger. Dr. Donnelly prescribed Plaintiff


7

hand therapy and Lyrica for the nerve pain. Plaintiff subsequently underwent hand therapy at

Care Physical Therapy and Wayne General Hospital.

Plaintiff returned to Dr. Melancon on May 7, 2015. A physical exam showed tenderness

of the left index finger with discoloration. The diagnosis continued to be RSD of the finger.

Plaintiff was prescribed Celebrex and Neurontin for pain. Plaintiff returned to Dr. Melancon on

July 2, 2015. Dr. Melancon noted “[h]e continues to have trouble with the finger with not only

sensation, but color as well.” Dr. Melancon’s physical exam demonstrated dysvascular changes

and stiffness. Plaintiff was prescribed Celebrex and Neurontin for pain. Plaintiff returned to Dr.

Melancon on September 21, 2015. The physical exam demonstrated deformity, swelling, and

discoloration in the left index finger. The diagnosis continued to be RSD of the finger. Plaintiff

was prescribed Tramadol for pain.

Plaintiff returned to Dr. Melancon on November 11, 2015. Plaintiff continued to have

pain in his left index finger and he was still not able to use the finger. Importantly, the pain in

the left index finger was radiating from the finger up into the arm. Dr. Melancon noted “[t]his is

quite concerning as [RSD] can progress throughout the extremity and into other extremities.”

The diagnosis continued to be RSD of the finger.

On December 21, 2015, Plaintiff returned to Dr. Melancon. The physical examination

demonstrated a dystrophic, dysfunctional left index finger with limited range of motion. The

diagnosis continued to be RSD of the finger. Dr. Melancon opined that the amputation “would

be the key to getting it better.” Plaintiff was prescribed Norco, Tramadol, and Neurotin for pain.

Plaintiff still treats with Dr. Melancon and last treated with him on March 21, 2016. On that

date, Plaintiff reported pain in his left index finger, although it had deceased somewhat. Plaintiff

reported a significant decrease in grip.


8

Dr. Melancon opines that, to a reasonable degree of medical probability, Plaintiff

sustained a significant infection of his left index finger that was complicated by the delay in

treatment. The infection and delay in treatment caused a localized form of RSD within the left

index finger. Dr. Melancon continues to recommend that Plaintiff undergo amputation of the left

index finger to allow him to use the remaining portion of his hand without pain. Although

Plaintiff would have a 19% impairment rating to the upper extremity after the amputation, he can

return to all forms of activity once the procedure is done. The procedure will require 4-5 days of

hospitalization and cost approximately $29,000. Dr. Melancon referred Plaintiff to Dr.

Christopher Cenac, the same doctor who performed Plaintiff’s irrigation and debridement

surgery, to perform the amputation. Plaintiff has made a demand on ENSCO to pay for the

surgery.

Alternatively, Plaintiff can forego the procedure and, more likely than not, live the rest of

his life with a painful and useless left index finger with RSD which may spread into his left arm.

If Plaintiff undergoes the amputation, his future medicals will be $103,338. However,

Plaintiff’s future pain and suffering will be greatly reduced as will his future lost wages. Oddly,

ENSCO’s exposure will be reduced by the amputation. Plaintiff has mitigated his past lost

wages with a job as a farm hand. His past lost wages are approximately $98,000. Plaintiff’s past

medical expenses have mostly been paid by ENSCO with some degree of difficulty and delay.

ENSCO does not accept electronic billing which has caused significant delay with Plaintiff

filling his prescriptions. At this time, ENSCO owes plaintiff for some prescriptions which total

$1,781.74. Also, plaintiff has had to pay some of Dr. Melancon’s invoices and is waiting to be

reimbursed by ENSCO. As a seaman, Plaintiff is entitled to maintenance and cure from ENSCO.

The injury occurred while Plaintiff was in the vessel’s service. Plaintiff is entitled to receive


9

maintenance and cure until he reaches maximum cure which, per Dr. Melancon, he has not

reached yet. Plaintiff is entitled to compensatory damages for ENSCO’s unreasonable failure to

fully pay cure. Compensatory damages may include any aggravation of Plaintiff’s condition

because of the failure to fully cure. As stated previously, ENSCO delays paying prescriptions

which has caused delay in Plaintiff receiving his medications.

ENSCO intends to call Plaintiff’s estranged wife, Joanna Jordan, and Plaintiff’s estranged

mother-in-law, Marti George, as witnesses to allegedly establish that Plaintiff made the accident

up. Interestingly, Mrs. Jordan contacted ENSCO after she and Plaintiff had a disagreement

concerning divorce and child support. Mrs. Jordan and her mother are clearly fabricating a story

concerning Plaintiff to retaliate against him concerning divorce and child support. Also, Mrs.

Jordan wanted 35% of Plaintiff’s “total gross proceeds” from this case. When Plaintiff refused

the deal, Mrs. Jordan contacted ENSCO. It is very clear what Mrs. Jordan’s motivations are.

Further, Mrs. Jordan testified the wound occurred at home and that a tip of Kevin’s finger was a

slice approximately ½ inch long. This contradicts the testimony of crewmembers and physicians

who identified the injury as a puncture wound.

b. ENSCO

On the morning of March 4, 2013, Kevin Jordan was working offshore on a semi-

submersible drilling rig for Ensco. That morning, Jordan went to see the paramedic, Sandy

Singles, claiming that he punctured his left index finger the night before while working on the

drill floor of the ENSCO 8506. The fact that Jordan failed to report the injury at the time it

occurred was a violation of company policy. Further, the fellow Ensco workers he claimed were

witnesses to his accident did not see him injure his hand. Instead, Ensco later learned Jordan


10

actually punctured his left index finger on the tip of his pocket knife four days earlier while at

home.

The evidence at trial will establish Jordan was provided proper first aid offshore and then

appropriate medical care when flown ashore. He returned to work in April 2013 and continued

to work for the next eighteen months. During this time, he worked offshore for 21 days at a time

and 12 hours each day. At no time during this period did he voice any complaints about his

finger or hand, did not demonstrate any restrictions in use of his hand, and he did not seek any

medical care for his finger or hand. Instead, it will be shown he went to multiple doctors and

medical facilities over the last several years to obtain narcotic pain medications and

amphetamines for an apparent drug-seeking behavior.

In mid to late summer of 2014, Jordan was being reprimanded by his Ensco supervisors

for failing to pay attention to his work and for other safety concerns. Concerned about drug use,

they flew him in to shore for drug testing. The report came back indicating Jordan had diluted

the test sample. In an effort to avoid being terminated by Ensco, Jordan went to see attorneys

who then referred him to be seen by Dr. Keith Melancon. This doctor practiced in Boutte,

Louisiana, a distance of almost 200 miles from the home of Jordan in Waynesboro, Mississippi.

Over the course of the last 21 months, Dr. Melancon and his attorneys had Jordan seen by six

different doctors in an effort to claim some ongoing problem with the left index finger. No

doctor, with the exception of Dr. Melancon, has found a disabling condition of the left index

finger. In fact, hand expert Dr. Eric George concludes that Jordan does not need any further

treatment and should return to work.


11

Despite this evidence and to avoid any claim that it is not complying with its legal

obligations, Ensco has paid and continues to pay maintenance (daily food and lodging costs) and

cure (medical costs) for Jordan.

7. A Single Listing of all Uncontested Material Facts

a. Plaintiff was hired as a floor hand by ENSCO Offshore Company on or about

June 25, 2012.

b. Plaintiff was assigned to work as a floor hand aboard the ENSCO 8506.

c. The ENSCO 8506 is a semi-submersible rig in navigation operated by ENSCO

Offshore Company and which performed drilling operations on March 3, 2013for

Anadarko Petroleum Corporation.

d. ENSCO 8506 is a vessel.

e. Plaintiff’s duties contributed to the function of the ENSCO 8506 or the

accomplishment of its mission.

f. Plaintiff has a connection to the ENSCO 8506 that is substantial in both duration

and nature.

g. A floor hand works primarily on the drill floor and assists the drilling operations.

h. On the drill floor, the chain of command is as follows: (1) Offshore Installation

Manager(OIM) (2) tool pusher; (3) driller; (4) assistant driller; and (5) floorhand.

i. On March 3, 2013, Plaintiff was working as a floor hand aboard the ENSCO 8506

in federal waters off the coast of Louisiana.

j. On March 3, 2013, Plaintiff was working the night tour which started at 12:00

p.m. and ended at 12:00 a.m.


12

k. On March 3, 2013, the drill crew on the ENSCO 8506 was tripping pipe out the

hole, which means they were pulling the drill string out of the well.

l. On March 4, 2013, at 6:00 a.m., Plaintiff reported to the rig medic that he was

injured at approximately 9:00 p.m. on March 3rd

.

m. ENSCO put Plaintiff in a hotel room for the night of March 6th

.

n. Plaintiff attended physical therapy at Rosewood Rehabilitation after the surgery.

o. Plaintiff had hand therapy at Care Physical Therapy and Wayne General Hospital.

p. Kevin Jordan was employed by Ensco Offshore Company as a floorhand

on the ENSCO 8506 on March 3, 2013

q. Ensco Offshore Company operated the ENSCO 8506 on March 3, 2013 and was

the owner pro hac vice of the vessel on that date.

r. Kevin Jordan was and is married to Joanna Jordan

s. The mother of Joanna Jordan is Marti George

t. Dr. Brandon Donnelly is in practice with Keith Melancon in Boutte, LA

u. Dr. Eric George evaluated and examined Kevin Jordan on June 17, 2015

again on February 22, 2016 at the request of Ensco Offshore Company

v. Kevin Jordan is receiving maintenance at the rate of $30 per day

8. A Single Listing of all Contested Issues of Fact

a. On March 3, 2013, Plaintiff was earning $25.44 an hour.

b. In 2013, Plaintiff earned $60,551 in wages from ENSCO.

c. Air Hoist 2 (Yellow) was used to trip pipe out of the hole during the night tour on

March 3, 2013.

d. Air Hoist 2 (Yellow) has model number FA51-MR24MK1 and serial number

A015996.


13

e. On March 3, 2013, a Service Order was requested for Air Hoist 2 (Yellow) and it

was inspected by the assistant driller, Michael Blair, on March 4, 2013.

f. Plaintiff was injured in an accident on March 3, 2013 at approximately 9:00 p.m.

when he pulled on a wire rope spooled to Air Hoist 2 (Yellow) and a burr on the

wire rope went through his glove and punctured the tip of his left index finger.

g. The burr was on a place on the wire rope that was not visible to Plaintiff.

h. The accident occurred 9 hours into Plaintiff’s tour and the air hoist had been used

previously during the tour by other crew members.

i. Plaintiff took off his glove and looked at the injury which he believed to be minor

so he resumed working and completed the remaining 3 hours of his tour.

j. Plaintiff works in a culture that emphasizes toughness and productivity. A

colloquialism for floor hand is roughneck.

k. ENSCO employees who report minor injuries face retaliation. Not for reporting

the injury, per se, but for other offenses that would not have resulted in

disciplinary action but for the employee reporting the minor injury.

l. Plaintiff did not receive any written reprimands before the accident but after the

accident he received several.

m. The tool pusher and the driller are in charge on the drill floor and they failed to

ensure that the wire rope was properly inspected.

n. The wire rope is supposed to be greased to prevent its exposure to the corrosive

salt air.


14

o. The faulty condition of the wire rope, as well as the failure to properly inspect the

wire rope and the failure to properly maintain the wire rope rendered the ENSCO

8506 dangerous and unseaworthy.

p. The wire cable on Air Hoist 2 (Yellow) was replaced on March 4th

after Plaintiff

reported his accident.

q. The medic noted Plaintiff had Cellulitis of the left index finger.

r. The medic noted a small puncture wound at the tip of Plaintiff’s left index finger

with swelling, redness, limited range of motion, and warmth to the touch.

s. On March 4th

, Plaintiff was treated with betadine / peroxide soaks and ibuprofen.

t. On March 5th

, Plaintiff was treated with betadine / peroxide soaks, ibuprofen,

Bactrim, and ice therapy.

u. Plaintiff stayed and worked on the vessel until March 6th

and during this time,

Plaintiff’s injury got progressively worse becoming more swollen, redder, and

more painful.

v. ENSCO kept Plaintiff on the vessel because it did not want to have a lost time or

reportable accident. Further, ENSCO believed that Plaintiff was exaggerating his

injury because he wanted to end his tour early and go home.

w. Neither the Daily Drilling Reports nor the Morning Reports indicate there was an

accident aboard the ENSCO 8506.

x. The ENSCO Daily Safety and Operations Report dated March 4, 2013 classifies

Plaintiff’s accident as First Aid.

y. As of March 7, 2013, the ENSCO Daily Safety and Operations Reports do not

classify Plaintiff’s accident as either Lost Time or Recordable.


15

z. When Plaintiff was evacuated from the vessel on March 6th

, ENSCO brought him

to their doctor, All Industrial Medical Services, instead of to a hospital.

aa. All Industrial diagnosed Plaintiff with Cellulitis of the left index finger.

bb. All Industrial aspirated Plaintiff’s left index finger to remove puss to culture.

cc. On March 6th

, Plaintiff was given a post-accident drug test, which he passed.

dd. ENSCO then put Plaintiff in a hotel overnight while his flexor sheath infection

continued to fester.

ee. Plaintiff returned to All Industrial on March 7th

reporting an increase in redness

and swelling. He also reported having a fever the night before.

ff. All Industrial referred Plaintiff to Houma Orthopedic Clinic which immediately

diagnosed Plaintiff with Flexor Tenosynovitis and recommended emergent

irrigation and debridement surgery.

gg. Plaintiff underwent emergent irrigation and debridement surgery at Terrebonne

General Medical Center on March 7, 2013.

hh. Plaintiff stayed in Terrebonne General for 2 days.

ii. The inexcusable delay in getting Plaintiff the proper medical treatment constitutes

negligence by ENSCO and the delay, to reasonable degree of medical probability,

caused Plaintiff to develop RSD.

jj. The RSD causes Plaintiff significant pain and has rendered his left index finger to

be a useless appendage.

kk. Per ENSCO’s records, Plaintiff was placed on worker’s comp. on August 28,

2014.


16

ll. Per ENSCO’s records, Plaintiff was terminated for job abandonment on January

7, 2015.

mm. Plaintiff started treating with Dr. Keith Melancon, an orthopedist, on August 20,

2014.

nn. Plaintiff has treated with Dr. Melancon continuously since August 20, 2014.

oo. Dr. Melancon has diagnosed Plaintiff with dysvascular changes in the left index

finger, dystrophic changes of the left index finger, and Reflex Sympathetic

Dystrophy (RSD) in the left index finger.

pp. Dr. Melancon opines that Plaintiff should have his left index finger amputated and

amputation is a medically necessary procedure.

qq. Dr. Melancon referred Plaintiff to Dr. Christopher Cenac, the same doctor who

performed the irrigation and debridement surgery, for the amputation.

rr. Plaintiff has treated with Dr. Weldell Helveston, a neurologist, for his left index

finger.

ss. Dr. Helveston noted color change, weakness, and numbness in Plaintiff’s left

index finger.

tt. Plaintiff has treated with Dr. Paul Talbot, a plastic surgeon, for his left index

finger.

uu. Dr. Talbot diagnosed Plaintiff with dystrophic changes in the left index finger.

vv. Plaintiff treated with Dr. Brandon Donnelly, an orthopedist, for his left index

finger.

ww. Dr. Donnelly diagnosed Plaintiff with post traumatic dysesthetic pain and

recommended digital block and hand therapy.


17

xx. Plaintiff underwent the digital block and it briefly improved the pain, but did not

improve the range of motion.

yy. Plaintiff has been prescribed Gabapentin, Celebrex, Lyrica, Tramadol, and Norco

for his left index finger pain.

zz. Plaintiff grew up and lives in rural Mississippi.

aaa. Plaintiff dropped out of school in the 9th

grade.

bbb. Plaintiff eventually obtained a GED.

ccc. ENSCO has not paid Dr. Melancon for his deposition, but has paid Dr. Eric

George for both of his IMEs.

ddd. Plaintiff can either live with the pain for the rest of his life or have his finger

amputated.

eee. If Plaintiff’s finger is amputated, his future medicals are $103,338.

fff. If Plaintiff’s finger is amputated, his future lost wages are approximately $12,211.

ggg. If Plaintiff’s finger is not amputated, his future lost wages are $1,207,176. This

assumes sedentary work at $7.68 per hour, which is a reasonable estimation given

the very limited job opportunities for a person with a 9th

grade education with a

useless left index finger in rural Mississippi. Lost medical benefits are $815,904

because a minimum wage employer is not going to offer medical benefits.

hhh. Plaintiff’s past lost wages, regardless of whether he gets surgery, are

approximately $98,059.

iii. ENSCO has not paid all of Plaintiff’s doctor’s bills and pharmacy bills.

jjj. Plaintiff is entitled to maintenance and cure.

kkk. Maintenance and cure has not been entirely provided.


18

lll. ENSCO acted unreasonably in failing to provide maintenance and cure.

mmm. The failure to provide the maintenance and cure resulted in an aggravation of

Plaintiff’s RSD.

nnn. The failure to provide maintenance and cure is willful and wonton.

ooo. Estimated past medical charges: $29,043.39.

ppp. Kevin Jordan did not report injury to his left index finger until March 4,

2013.

qqq. Kevin Jordan worked on the ENSCO 8506 from April 19, 2013 until

August 2014 without missing time from work and without seeing

any doctors about his left index finger.

rrr. Dr. Keith Melancon was hired by attorneys George Schmidt and Peter

Koeppel on August 21, 2014.

sss. Whether Kevin Jordan injured his finger at home on February 28, 2013.

ttt. Whether Kevin Jordan injured his finger on the ENSCO 8506 on March

3, 2013.

uuu. Whether Kevin Jordan complied with safety policies of Ensco.

vvv. Whether paramedic Sandy Singles provided proper first aid and medical

care to Kevin Jordan from March 4 to March 6, 2013.

www. Whether All Industrial Medical Services and Houma Orthopedic Clinic

provided proper medical care to Kevin Jordan in March and April 2013

xxx. Whether Kevin Jordan slammed his finger in the door of his car on

March 19, 2013.

yyy. Whether Kevin Jordan smashed his finger in the door at his house on

March 22, 2013.

zzz. Whether Kevin Jordan experienced right shoulder and low back pain


19

that caused him to be flown in from the ENSCO 8506 in early June 2013.

aaaa. Whether Kevin Jordan demonstrate any difficulty using his left index

finger or missed any work due to the condition of his left finger from

April 2013 until August 2014.

bbbb. Whether Kevin Jordan was being cited and reprimanded for safety issues

in June and July 2014.

cccc. Whether the drug screen of Kevin Jordan on July 22, 2014 was

diluted.

dddd. Whether Kevin Jordan was hit by tongs, spun around, fell to the

floor and was flown in for medical treatment on July 27, 2014

for claims of injury to his left finger, right shoulder and low back.

eeee. Whether Kevin Jordan went to see attorney George Schmidt

before being sent to see Dr. Keith Melancon in Boutte, LA.

ffff. Whether Dr. Keith Melancon sent Kevin Jordan to see Dr.

Wendell Helveston at the Hattiesburg Clinic in Hattiesburg, MS.

gggg. Whether Dr. Keith Melancon sent Kevin Jordan to see Dr. Paul

Talbot at the Plastic Surgery Center in Hattiesburg.

hhhh. Whether Drs. Keith Melancon, Wendell Helveston, or Paul

Talbot sent their medical reports to Julie Slocum at Ensco.

iiii. Whether Kevin Jordan or attorneys George Schmidt and Peter

Koeppel informed Julie Slocum of their involvement/

representation of Jordan from August 2014 until March 2015.

jjjj. The conclusions of Drs. Brett Casey, Michael LaSalle, Wendell

Helveston, Paul Talbot, Brandon Donnelly, and Eric George

about the condition of the left index finger of Kevin George.


20

kkkk. Whether Ensco Offshore Company unreasonably and negligently

delayed medical treatment to Kevin Jordan for his left index finger .

llll. Whether any actions or failure to act by fellow Ensco crewmembers caused injury

to the left index finger of Kevin Jordan on March 3, 2013.

mmmm. Whether any condition of the ENSCO 8506 was not fit for its

intended purpose and caused injury to the left index finger of

Kevin Jordan on March 3, 2013.

nnnn. Whether Kevin Jordan received his maintenance & cure benefits

from Ensco in March and April 2013.

oooo. Whether Kevin Jordan has received his maintenance & cure

benefits from Ensco since August 2014.

pppp. Whether Kevin Jordan and attorneys George Schmidt and Peter

Koeppel sent medical records or bills from Drs. Melancon,

Helveston or Talbot from August 2014 until March 2015.

qqqq. Whether Ensco paid maintenance & cure to Kevin Jordan without

the need for him to incur attorney fees.

rrrr. Whether Ensco has paid adequate maintenance & cure.

ssss. Whether Ensco has been arbitrary, wanton, callous or

unreasonable in handling the maintenance & cure aspects

of the Kevin Jordan claim for his index finger.

tttt. Whether Kevin Jordan is committing a fraud on Ensco in

making this claim for damages.


21

9. A Single Listing of the Contested Issues of Law

a. Whether ENSCO owed Plaintiff an absolute and non-delegable duty to keep and

maintain the vessel and its equipment (i.e., the wire rope) in a seaworthy

condition, meaning that it was reasonably fit for its intended use.

b. Whether ENSCO’s breach of this absolute and non-delegable duty is the

proximate cause of Plaintiff’s damage, meaning the wire rope’s defective

condition played a substantial part in causing Plaintiff’s injury, and Plaintiff’s

injury was a reasonably probable consequence of the condition.

c. Whether ENSCO owed Plaintiff a duty to get him adequate and timely medical

care for his injury, meaning that a reasonably prudent person would not have kept

Plaintiff on the vessel for 2 days after he reported the injury and a reasonably

prudent person would have immediately sent Plaintiff to the hospital when he

arrived on shore, instead of sending him to the company doctor and putting him in

a hotel for the night.

d. Whether ENSCO’s breach of this duty caused, in whole or in part, a localized

form of Reflex Sympathetic Dystrophy to develop in Plaintiff’s left index finger,

meaning ENSCO’s negligence played a part, however slight, in causing the RSD.

e. Whether there was any negligence that caused injury to the left

index finger of Kevin Jordan on March 3, 2013.

f. Whether any unseaworthy condition caused injury to the left

index finger of Kevin Jordan on March 3, 2013.

g. Whether Ensco has acted reasonably in paying and handling

the maintenance & cure benefits for Kevin Jordan for his


22

claim of an injury to his left index finger.

h. Whether Kevin Jordan is entitled to damages, punitive damages, or attorney fees

for the claim of injury to his left index finger.

i. Whether Kevin Jordan is committing a fraud in bringing this

claim.

10. For Each Party, a List and Description of Exhibits Intended to be Introduced at the Trial

Exhibits to be Admitted without Objection

a. Kevin Jordan handwritten statement of March 3, 2013 incident; KFJ – 000001.

b. Ensco incident Report of March 4, 2013; KFJ – 000002.

c. Ensco incident report of April 19, 2013; KFJ – 000003.

d. Income Tax Transcripts; KFJ – 000004 – KFJ – 000037.

e. Plaintiff’s personnel file at Ensco; EOC - KFJ – 0001 – 00043.

f. Ensco’s medical file, EOC-KFJ-000044 – EOC-KFJ-000079.

g. Ensco Corporate SHE Handbook on Airhoists, EOC-KFJ-000257.

h. NSA Safe Lifting and Slinging Operations;KFJ-000081-KFJ-000086.

i. Preventative Maintenance Routine DW82 Airhoist (Manrider) weekly, KFJ-

000087 – KFJ-000090.

j. Preventative Maintenance Routine DW78 Airhoist (drill floor) weekly; KFJ-

000091-KFJ-000092.

k. Preventative Maintenance Routine MQ01 Airhoist (Non man riders)

quarterly;KFJ-000093 – KFJ- 000094.

l. Ensco Purchase order 10013-269658; KFJ – 000095 – KFJ -000098.

m. Ensco Purchase order 10013-269747; KFJ – 000099 – KFJ – 000103.

n. Service Orders January 2013 to March 2013; KFJ – 000104 – KFJ – 000158.

o. Signed Declaration of Robert Strong; KFJ – 000159 – KFJ – 000160.

p. Synergi Case Report No. 13674; KFJ – 000161 – KFJ – 000163.


23

q. Daily Drilling Reports (2/28/13 to 3/7/13), EOC-KFJ-000182 – EOC-KFJ-

000206.

r. Daily Morning Reports(2/28/13 to 3/7/13), EOC-KFJ-000207 – EOC-KFJ-

000230.

s. Daily Safety and Operations Reports (2/28/13 to 3/7/13), EOC-KFJ-000231-

EOC-KFJ-000238.

t. Liberian letter Report of Safety Inspection, EOC-KFJ-000239 – EOC-KFJ-

000243.

u. Liberian-ABS MODU Safety Certificate for MODU; EOC-KFJ-000244 – EOC-

KFJ-246.

v. ABS Certificate of Classification; EOC-KFJ-000247 – EOC-KFJ-000250.

w. Medical records of Terrebonne General Hospital; EOC-KFJ-000295 - EOC-

KFJ-000511.

x. Diagram of Drill floor produced during Kevin Jordan’s Deposition; KFJ –

000267.

y. Curriculum Vitae of John C. Gardner, Ph.D.; KFJ – 000375 – KFJ – 000392.

z. Curriculum Vitae of Elizabeth Bauer; KFJ – 000393 – KFJ – 000398.

aa. Curriculum Vitae of Keith Melancon; KFJ – 000399 – KFJ-000404.

bb. Any and all maintenance and cure correspondence; KFJ – 000269 – KFJ-

000357.

cc. Correspondence with Julie Slocum and Kevin Jordan regarding maintenance &

cure issues.

dd. Correspondence with Julie Slocum and Drs. Helveston and Talbot on records and

charges.

ee. Correspondence with Julie Slocum and Peter Koeppel regarding maintenance &

cure issues.

ff. Correspondence with William Schwartz and Peter Koeppel/Jonathan Adams

regarding maintenance & cure issues.

gg. Diagram of rig floor done during Kevin Jordan deposition .

hh. Curriculum Vitae of Bruce Brawner.


24

ii. Curriculum Vitae of Dr. Kenneth Boudreaux.

jj. Curriculum Vitae of Dr. Eric George.

kk. Documentation sent to Kevin Jordan by Ensco’s provider about COBRA

ll. ENSCO 8506 Work Instructions:

i) Tripping in the hole with drill pipe

ii) Pulling out of the hole with drill pipe

mm. Documentation evidencing payment of Maintenance & cure to and on

behalf of Kevin Jordan by Ensco.

nn. Drug Screen from June 27, 2012.

oo. Drug Screen from December 19, 2013.

pp. IRS Tax Returns for Kevin Jordan 2009-2014 (Bates EOC-KFJ 3689 to 3759).

qq. Social Security Earnings Records for Kevin Jordan (Bates EOC-KFJ 3760 to

3766).

Objected to Exhibits

a Anardarko JSA’s and work instructions concerning working being performed on

the ENSCO 8506 on or about March 3, 2013; KFJ - 000164 – KFJ- 000199;

b. Bauer & Associates, Elizabeth D. Bauer vocational report, vocational

rehabilitation; KFJ - 000200 – KFJ – 000231.

c. John C. Gardner, Ph.D., Reports, Consulting Economist, 1309 Cutter Cove,

Slidell, Louisiana, 70458; KFJ – 000232 – KFJ – 000263.

d. Operative Report of March 11, 2013; KFJ – 000264 – KFJ 000266.

e. Employment verification Cochran Farm on Kevin Jordan; KFJ – 000268.

f. Text messages by Joanna Coleman Jordan to Kevin Jordan; KFJ-000405 – KFJ-

000409.

g. Joanna Coleman Jordan Facebook Page; KFJ – 000410.

h. Text messages between Charlie Rainey and George Schmidt; KFJ - 000411 –

KFJ – 000414.


25

i. Text messages between Joanna Jordan and George Schmidt; KFJ – 000415.

j. Child Custody, Support and Property Settlement Agreement, “In the Matter of the

Dissolution of the Marriage of Joanna Coleman Jordan and Kevin Jordan, Forrest

County, MS”; KFJ – 000416 – KFJ – 000423.

k. Joanna Coleman Jordan Face Book Page, January 26, 2016 2:56 p.m.; KFJ –

000424.

l. Joanna Coleman Jordan Face Book Page post 2:39 p.m.; KFJ – 000425.

m. Joanna Coleman Jordan Face Book Ex Post Page; KFJ – 000426.

n. Joanna Coleman Jordan Face Book; KFJ – 000427- KFJ – 000530.

o. Itemized statement of past medical expenses.

p. Wayne General Hospital (Bates stamp EOC-KFJ-559 to 950)

q. Walmart Pharmacy (Bates stamp EOC-KFJ-951 to 960)

r. Wayne General Hospital – Bills (Bates stamp EOC-KFJ-960 to 991)

s. Houma Orthopedic Clinic (Bates stamp EOC-KFJ-1034 to 1052)

t. Pontchartrain Orthopedics & Sports Medicine (Bates stamp EOC-KFJ-1053 to

1142)

u. Hattiesburg Clinic – Records (Bates stamp EOC-KFJ-1143 to 1195)

v. Hattiesburg Clinic – Bills (Bates stamp EOC-KFJ-1196 to 1197)

w. Forrest General Hospital – Records (Bates stamp EOC-KFJ-1198 to 1346)

x. Forrest General Hospital – Bills (Bates stamp EOC-KFJ-1347 to 1357)

y. CARE Physical Therapy (Bates stamp EOC-KFJ-1358 to 1387)

z. Plastic Surgery Center of Hattiesburg (Bates stamp EOC-KFJ-1388 to 1393)

aa. Southern Bone & Joint Specialists (Bates stamp EOC-KFJ-1394 to 1446)

bb. Waynesboro Family Medicine / Ross Kelvin Sherman, M.D. (Bates stamp

EOC-KFJ-1447 to 1454)

cc. Rosewood Rehabilitation, LLC (Bates stamp EOC-KFJ-1461 to 1472)

dd. Jennings American Legion Hospital (Bates stamp EOC-KFJ-1473 to 1492)


26

ee. Jasper Medical Clinic (Bates stamp EOC-KFJ-1493 to 1535)

ff. Laurel Pain Clinic (Bates stamp EOC-KFJ-1536 to 1577)

gg. Willis-Knighton South (Bates stamp EOC-KFJ-1578 to 1596)

hh. Alliance Health Center (Bates stamp EOC-KFJ-1597 to 1877)

ii. Lafayette General Medical Center (Bates stamp EOC-KFJ-1878 to 1960)

jj. Southern Bone & Joint Specialists (from plaintiff attorney) (Bates stamp EOC-

KFJ-1961 to 1977)

kk. Christus Hospital - St. Elizabeth (Bates stamp EOC-KFJ-1978 to 2051)

ll. Ochsner Medical Center - Baton Rouge (Bates stamp EOC-KFJ-2052 to 2078)

mm. Arthur E. Wood Medical Clinic (Bates stamp EOC-KFJ-2079 to 2093)

nn. Wesley Medical Center (Bates stamp EOC-KFJ-2094 to 2139)

oo. Christus Spohn Hospital Corpus Christi – Shoreline (Bates stamp EOC-KFJ-2140

- 2174)

pp. Wood Group (WG 00001 to WG 000014)

qq. BC/BS of Texas records

rr. Avoyelles Hospital (Bates EOC-KFJ 3767-3785)

ss. Lady of Sea Hospital (Bates EOC-KFJ 3919-3937)

tt. Magnolia Specialty Pharmacy (EOC-KFJ 3786-3791)

uu. South Central Regional Medical Center (Bates stamp EOC-KFJ 2175-3037)

vv. Daily Drilling Reports for dates of March 8, 2013 to March 14, 2013 (Bates

EOC-KFJ 3938-3959)

ww. Morning Reports for the dates of March 8, 2013 to March 11, 2014 (Bates EOC-

FJ 3960-3975).

xx. Daily Safety and Operations Reports for the dates of March 8, 2013 to March 14,

013 (Bates stamp EOC-KFJ- 3976-3982).

yy Any and all exhibits to depositions.


27

zz. Plaintiff’s Answers to Interrogatories.

aaa. Plaintiff’s Response to Request for Production.

bbb. Personnel files of Jordan with:

a) Energy Drilling (Bates EOC-KFJ 3792-3810)

b) Spartan Offshore (Bates EOC-KFJ 3811-3918)

c) Group Contractors LLC

d) Nabors Drilling USA LP

e) Furnace and Tube Service, Inc.

f) Frank’s Casing Crew & Rental Tools

g) Frank's International, LLC

ccc. Texas Workforce Commission records

ddd. Ensco’s Answers to Plaintiff’s First Interrogatories

eee. Ensco’s Response to First Set of Requests for Production

fff. Ensco’s Response to Second Set of Requests for Production

ggg. Ensco Corporate SHE Handbook , EOC-KFJ-000257- 000294.

hhh. All Industrial Medical Services (Bates stamp EOC-KFJ-512 to 558)

iii. Daily Drilling Reports 3/8/13 to 3/14/13 (Bates EOC-KFJ 3938-3959)

jjj. Morning Reports 3/8/13 to 3/14/13 (Bates EOC-KFJ 3960-3975)

kkk. Daily Safety and Operations Reports 3/8/13 to 3/14/13 (Bates EOC-KFJ 3976-

3982)

11. A List of all Deposition Testimony to be Offered into Evidence

a. Cory Temple

b. Nicholas Citizen – objected to by Ensco

c. Joanna Jordan – objected to by Plaintiff

d. Justin Clifton


28

e. Marti George – objected to by Plaintiff

f. Randy McGee – objected to by Plaintiff

g. Vernon Lacaze

h. Vivek Barclay, MD – objected to by Plaintiff

i. Brandon Donnelly, MD

j. Weston Isbell

k. Karen Parker

L. Brandon Rhodes

M. Forrest Phelps

12. A List and Brief Description of any Charts, Graphs, Models, Schematic Diagrams, and

Similar Objects Which, Although not to be Offered in Evidence, Respective Counsel

Intend to Use in Opening Statements or Closing Arguments

Plaintiff

Plaintiff may show blow ups of ENSCO’s Daily Drilling Reports, Morning Reports,

and/or Daily Safety and Operations Reports, and photograph of rig.

Ensco

Ensco Offshore Company reserves the right to use charts, graphs, models, schematics

diagrams, exemplars or other similar objects not to be offered in evidence but use at trial. If

used, Ensco will be submitted to counsel for Kevin Jordan no later than three working days prior

to trial in order for any opposition to the use filed with the court two working days prior to trial.

13. A List of Witnesses for all Parties, Including the Names, Addresses, and Statement of the

General Subject Matter of Their Testimony

Plaintiff

Will Call

a. Kevin Jordan

816 County Lake Denham Road

Waynesboro, MS 39367


29

Fact

The accident, ENSCO’s operations, Plaintiff’s medical treatment, and condition

b. Franklin Jordan

20 Franklin Jordan Drive

Buckatunna, MS 39322

Fact

Plaintiff’s condition

c. Cory Temple – via video deposition

1006 Laura Lane

Summit, MS 39666

Fact

ENSCO’s operations and Plaintiff’s condition

d. Nicholas Citizen

688 North Wilson Street

Church Point, LA 70525

Fact

ENSCO’s operations

e. Keith Melancon, MD

14041 Highway 90

Boutte, LA 70039

Medical & Expert

Plaintiff’s medical treatment and condition

f. Christopher Cenac, MD

1001 School Street

Houma, LA 70360

Medical & Expert



30

g. Julie Slocum (On Cross)

5847 San Felipe, Suite 3300

Houston, TX 77057

Fact

Payment of Plaintiff’s medical bills and pharmacy bills

h. Elizabeth D. Bauer, M.Ed., LRC, CRC, CLCP

718 Phosphor Avenue

Metairie, LA 70005

Expert

Plaintiff’s lost wage and medical damages

i. John Gardner, Ph. D.

1309 Cutter Cover

Slidell, LA 70458

Expert

Plaintiff’s lost wage and medical damages

May Call

a. Krystal Grady

816 County Lake Denham Road


Fact

Plaintiff’s condition

b. Forrest Phelps – via video deposition

838 Lakefront Road

Jamestown, LA 77351

Fact



31

c. Justin Clifton – via video deposition

114 Skyview

Livingston, TX 77351

Fact


d. Kent Killion

7306 Edgemore Place

Prospect, KY

Fact


e. Michael Blair

Address unknown

Fact


f. Jason Gilbert

172 Henderson Road


Fact


g. Weston Isbell – via video deposition

267 Woody Road

DeRidder, LA 70634

Fact


h. Vernon Lacaze – via video deposition

315 Kayla Drive

DeRidder, LA 70634

Fact



32

i. Brandon Donnelly, MD – via video deposition

14041 Highway 90

Boutte, LA 70039

Medical


j. Mark Boquet, MD

855 Belanger Street, Suite 207

Houma, LA 70360

Medical


k. Mark and/or Tina Cochran

10 Denham Community Road


Fact

Plaintiff’s condition and mitigation of damages

l. Sandy Shingles – on cross

17325 Park Row, Suite 500

Houston, TX 77084

Medical


m. Brett E. Casey, MD

1001 School Street

Houma, LA 70360

Medical


n. Paul J. Talbot, MD

40 Franklin Road

Hattiesburg, MS 39402

Medical


33


o. Nikki Page, MS OTR/L

950 Matthew Drive


Medical


p. Billy Cochran, PT, CSCS

Care Physical Therapy

5298 Place Boulevard

Hattiesburg, MS 39402

Medical


q. Any person needed to authenticate a document

r. Any person needed for impeachment

s. Any person listed as a witness by any other party

Ensco Witness List:

The following is a list of witness who will be called by Ensco Offshore Company at the

trial of this cause:

a) Vernon Lacaze (by video deposition)

315 Kayla Drive

Deridder, LA-testimony about work as a toolpusher on the E8506 and

the work of Kevin Jordan aboard the rig.

b) Weston Isbell (by video deposition)

267 Woody Road

Deridder, LA-testimony about work as fellow floorhand on the E8506 with Kevin

Jordan.

c) Joanna Jordan (by video deposition)

519 Elizabeth Street

Hattiesburg, MS-testimony about Kevin Jordan hurting finger at home and

knowledge of fraud.

d) Marti George (by video deposition)


34

519 Elizabeth Street

Hattiesburg, MS-testimony about Kevin Jordan hurting finger at home and

knowledge of fraud.

e) Dr. Vivek Barclay (by video deposition)

Laurel Pain Clinic

Laurel, MS-testimony about evaluations, treatment, and medications

For Kevin Jordan from June 2013 to March 2015.

f) FNP Randy McGee (by video deposition)

Laurel Pain Clinic

Laurel, MS-testimony about evaluations, treatment, and medications for Kevin

Jordan from June 2013 to March 2015.

g) Karen Parker, FNP (by video deposition)

Jasper Medical Clinic

Heidelburg, MS-testimony about evaluations, treatment and medications for

Kevin Jordan from August 2013 until October 2014.

h) Brandon RhodesFNP (by video deposition)

All Industrial Medical

855 Belanger Street

Houma, LA-testimony about care and treatment of Kevin Jordan in March and

April 2013.

i) Corey Temple (by video deposition)

1006 Laura Lane

Summit, MS-testimony about work with Kevin Jordan as fellow floorhand.

j) Dr. Brandon Donnelly (by deposition)

14041 Highway 90

Boutte, LA –medical testimony about evaluations, treatment of Kevin Jordan in

April and May 2015.

k) Kevin Jordan (under cross-examination).

l) Nicholas Citizen (driller)

688 North Wilson Street

Church Point, LA 70525-testimony about work with Jordan as driller.

m) Justin Clifton (floorhand) (by video deposition)

114 Skyview

Livingston, TX 77351- testimony about work with Kevin Jordan as fellow

floorhand.

n) Forrest Phelps (floorhand) (by video deposition)


35

838 Lakefront Road

Jamestown, LA 71045 testimony about work with Kevin Jordan as fellow

floorhand.

o) Robert Strong (rig manager)


Houston, TX 77057-operations and documentation from E8506, knowledge

about work and alleged injury of Kevin Jordan.

p) Julie Slocum (Risk Manager)


Houston, TX 77057-testimony about original claim of injury and treatment of left

index finger, 2014 handling of renewed claim for treatment, and handling of the

claim for M&C and litigation.

q) Sandy Singles (Medic Systems paramedic)

3858 Melinda Road

Red Springs, NC 28377-testimony as a certified paramedic and first responder

about encounters with Kevin Jordan on the ENSCO 8506 and treatment and care

provided.

r) Bruce Brawner-vocational rehabilitation/life care planner expert

145 Executive Drive

Madison, MS 39110-expert testimony on vocational analysis, wage earning

capacity, work restrictions of Kevin Jordan.

s). Dr. Kenneth Boudreaux-forensic economic expert

1424 Bordeaux Street

New Orleans, LA 70115-expert testimony about quantum and alleged

income/fringe benefit losses.

t) Dr. Mark Boquet

The Dow Chemical Company

21255 LA Highway 1

Plaquemine, LA 70764-medical expert to testify about evaluation and treatment

of Kevin Jordan on March 6, 2013.

u) Dr. Brett Casey

Houma Orthopedic Clinic

1001 School Street

Houma, LA 70360-testimony about treatment of Kevin Jordan.

v) Dr. Chris Cenac

Houma Orthopedic Clinic

1001 School Street

Houma, LA 70360-testimony about treatment of Kevin Jordan.


36

w) Dr. Eric George

Hand Surgical Associates

4228 Houma Boulevard, Suite 600B

Metairie, Louisiana 70006-expert board certified hand specialist on two

evaluations of Kevin Jordan.

14. A Statement Indicating Whether the Case is a Jury or Non-Jury Case

This is a jury case as to all issues.

15. Damages Statement for Completion by the Court

The issue of liability (will or will not) be tried separately from that of quantum.

16. A Statement Describing any Other Matters that Might Expedite a Disposition of the Case

Dr. Melancon referred Mr. Jordan out for a medical evaluation by Dr. Chris Cenac after

the delays for discovery. The evaluation by Dr. Cenac is set for May 6. Ensco Offshore

Company wishes to take the discovery deposition before trial of Dr. Cenac and requests an order

of the court allowing same.

17. Statement Concerning Commencement and Length of Trial

Trial will commence on May 23, 2016 at 9:00 a.m. and is estimated to last 4-5 days. Mr.

Jordan’s trial counsel’s daughter is graduating from McCracken County High School on Friday,

May 27th

in McCracken County located in Kentucky. The graduation date was not scheduled

until after the status conference due to snow days. Obviously, Mr. Adams very much wants to

attend his daughter’s graduation. There is no need for ENSCO to call 23 witnesses to defend

itself. This trial should only take 3-4 days.

18. Statement Concerning Conference

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


37

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.

19. Statement Concerning Settlement

Possibility of settlement of this case was considered.

20. Signature of counsel.

KOEPPEL CLARK TURNER BALDWIN HASPEL BURKE & MAYER, LLC

/s/ Jonathan H. Adams /s/William B. Schwartz

Jonathan H. Adams (#29061), T.A. WILLIAM B. SCHWARTZ, T.A. (#11854)

Peter S. Koeppel (#1465) JEDD S. MALISH (#23846)

[email protected] BALDWIN HASPEL BURKE & MAYER, LLC

W. Scarth Clark (#22993) Suite 3600, 1100 Poydras Street

2030 St. Charles Avenue New Orleans, LA 70163

New Orleans, Louisiana 70130 Telephone: (504) 569-2900

Telephone: (504) 598-1000 Facsimile: (504) 569-2099

Facsimile: (504) 524-1024 Attorneys for Defendant,

Attorneys for Plaintiff, Kevin Jordan ENSCO Offshore Company

New Orleans, Louisiana this 23rd day of May, 2016.


Documents

29th - CompQuantum · APPEARANCES: Jonathan H. Adams and William Scarth Clark for plaintiff William B. Schwartz and Jedd S. Palish for defendant. JURY TRIAL. Continued from May 23,