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Tercero v. Oceaneering International, Inc.

United States District Court, E.D. Louisiana

May 24, 2018

NESTOR TERCERO
v.
OCEANEERING INTERNATIONAL, INC. ET AL.

         SECTION I

          ORDER & REASONS

          LANCE M. AFRICK UNITED STATES DISTRICT JUDGE

         On February 8, 2018, the Court granted motions in limine filed by defendants Oceaneering International, Inc. (“Oceaneering”) and Encore Food Services, LLC (“Encore”), which challenged the opinions of the plaintiff's expert, Robert Borison (“Borison”), and sought to exclude his testimony. Plaintiff Nestor Tercero (“Tercero”) moves the Court to reconsider its previous decision. The Court declines Tercero's invitation.

         I.

         The facts of this case are not complicated. Tercero was injured while working as a galley hand on board the M/V OCEAN INTERVENTION. At the time he suffered his injuries, Tercero was employed by Encore. Tercero claims he was ordered by his supervisor- a cook employed by Oceaneering-to clean the ceiling in the mess room of the vessel. Tercero further asserts that, as he was cleaning the ceiling using a two-step stepstool, he lost his balance, placed his foot on a nearby swiveling stool mounted to a galley table, and fell to the floor. Tercero then sued Encore and Oceaneering, alleging Jones Act negligence.

         II.

         Tercero tendered Borison as a liability expert and offered a report in which Borison offered the following opinions:

EQUIPMENT PROBLEM


OCEANEERING INTERNATIONAL AND ENCORE'S FAILURE TO PROVIDE MR. TERCERO WITH A SAFE PLACE TO WORK BY PROVIDING HIM A STEP STOOL THAT HAD SIDE RAIL EXTENSION FOR HIM TO BALANCE HIMSELF WHILE STANDING ON THE STEP STOOL.


Unless the worker had a hand hold on an adjacent vertical, a ladder or stool should have a means of the worker stabilizing himself while working from a ladder or stool. This is especially true when the worker is working from a ladder or stool in the open Gulf. The smallest movement of a vessel can cause a worker to lose his balance and fall. A three points of contact is required when climbing a ladder or stool. This standard cannot be afforded to the worker without a side rail extension, and this is particularly important while the vessel is operating in the open Gulf.[1]
SUPERVISION ...

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