Filed

10/23/2017 11:47 PM
Anne Lorentzen
District Clerk
Nueces County, Texas

2017CCV-61972-4
CAUSE NO. __________

Daniel Jackson, individually and NUECES COUNTY CIVIL COURT

as the Personal Representative of
the Estate of Zachariah Jackson, and
Lynda Jackson,

Plaintiffs, NUECES COUNTY, TEXAS

vs.

Bouchard Transportation Co., Inc.,

Defendants COUNTY COURT AT LAW NO.___

PLAINTIFFS ORIGINAL PETITION

I.

NATURE OF ACTION

1. This is a Jones Act wrongful death and survival action filed on behalf of a now

deceased Jones Act seaman, Zachariah Jackson, by his mother and father. At the time of his

death, Zachariah Jackson was unmarried and had no children. Thus, his mother and father are

proper parties to bring this wrongful death and survival action under Texas law and the Jones

Act for their deceased son.

II.

JURISDICTION AND VENUE

2. This claim is maintained under the Jones Act (46 U.S.C. 30104) and/or the

general maritime law of the United States. The Court has jurisdiction pursuant to the Savings

to Suitors clause. Moreover, the Court has personal jurisdiction over the Defendants since

they are headquartered in Texas, do a substantial amount of business in the State of Texas,

and/or the acts or omissions giving rise to this cause of action occurred in Texas. Further, it is
well-settled that Jones Act cases and cases brought under general maritime law are not

removable. Lackey v. Atlantic Richfield Co., 990 F.2d 202, 207 (5th Cir. 1993).

3. Venue is proper pursuant to Texas Civil Practice and Remedies Code section

15.0181 & 15.002(a)(1), as all or a substantial part of the events or omissions giving rise to the

claims accrued in Nueces County, Texas.

4. This case does not fall under the Death on the High Seas Act as the incident

occurred approximately 3 miles off the coast of the State of Texas.

III.

DISCOVERY LEVEL

5. Discovery in this matter may be conducted under Level 2 of the Texas Rules of

Civil Procedure.

IV.

PARTIES

6. Plaintiff Daniel Jackson is Zachariah Jacksons father and is a resident of West

Virginia. Decedent Zachariah Jackson (hereinafter Decedent) was a resident of Utah. He

suffered severe injuries, ultimately causing his death, due to Defendants negligent and grossly

negligent acts and omissions more fully developed in the paragraphs below. Therefore, Daniel

Jackson, as the father of the deceased, is entitled to bring his wrongful death claims

individually. Further. Daniel Jackson is entitled to bring Decedents survival claims as the

personal representative of his estate.

7. Plaintiff Lynda Jackson is Zachariah Jacksons mother and is a resident of West

Virginia.

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 8. Defendant Bouchard Transportation Co., Inc., (Bouchard) is a New York

corporation with a principal office in Melville, New York. This Defendant may be served

through its Chief Executive Officer Morton S. Bouchard III (or any other qualified agent or

representative) at Bouchards Principal Executive Office located at 58 South Service Rd., Suite

150, Melville, New York, 11747. Additionally, this Court has specific personal jurisdiction

over Defendant Bouchard because Plaintiffs claims against Bouchard arise out of Bouchards

purposeful contacts with Texas and tortious conduct it committed in Texas.

V.

FACTS

9. On or about October 20, 2017, Zachariah Jackson was employed by Defendant

Bouchard and assigned to work offshore on Bouchards vessel(s). The vessel(s) in question

was owned, operated, and managed by Bouchard. On that date, Zachariah Jackson was killed

when an explosion and fire occurred on the vessel. At the time of the explosion and fire, the

vessel(s) were located on navigable waters off the coast near Port Aransas. Upon information

and belief, the vessel(s) were improperly maintained, dangerous, unseaworthy, and otherwise

unfit for the purpose they were being used for at the time the explosion occurred. At the time

of the explosion, the vessel(s) were located in this County. Further, at all times Zachariah

Jackson was unaware of the dangerous condition(s) aboard the vessel(s).

10. At all relevant times, Plaintiff was assigned to the vessel(s) in question, which

were deployed in navigable waters and where Plaintiff was contributing to and aiding the

vessel(s) in accomplishing their mission.

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 VI.

CAUSES OF ACTION

11. Plaintiffs hereby incorporate by reference the facts and allegations of the

preceding paragraphs of this petition.

12. Defendant is negligent, negligent per se, and grossly negligent for the following

reasons:

a. Failure to properly supervise its crew;

b. Failure to properly train its employees;

c. failure to provide adequate safety equipment;

d. Failure to properly maintain, inspect, and/or repair the Vessel and/or its

equipment;

e. Failure to provide a safe work environment;

f. Failure to provide adequate training;

g. Failure to properly secure Vessel equipment;

h. Violating its own safety rules, policies, and regulations;

i. Failing to maintain safe mechanisms for work on the vessel;

j. Failing to respond to or heed complaints of unnecessary and dangerous

hazards;

k. Failure to keep a proper lookout;

l. Failure to warn Plaintiff of hidden dangers aboard the Vessel;

m. Operating the Vessel in an unsafe and improper manner;

n. vicariously liable for their employees and/or agents negligence;

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 o. violating applicable Coast Guard, OSHA, BSEE rules, and/or other
applicable rules and regulations; and

p. Other acts deemed negligent and grossly negligent.

13. At all relevant times, the vessel(s) in question was/were unseaworthy.

14. As a result of said occurrences, Zachariah Jackson sustained severe physical

pain, mental anguish, emotional distress, and other medical problems. He eventually died as

a result. Zachariah Jackson has also suffered a loss of future earning capacity.

15. Daniel and Lynda Jackson have lost their son. As a result of the incident,

Plaintiffs have sustained in the past and will continue to sustain in the future:

a. Pre-death physical pain and suffering;

b. Pre-death mental pain, suffering, emotional distress, and mental

anguish;

c. Loss of earning capacity and inheritance;

d. Loss of fringe benefits;

e. Loss of services and support;

f. Loss of nurture, guidance, care, and instruction;

g. Loss of enjoyment of life;

h. Loss of future pecuniary support;

i. Loss of society and companionship;

j. Emotional distress and mental anguish; and

k. All other damages recoverable under the law.

16. Specifically, as a direct and proximate result of Defendants negligent and

grossly negligent acts and/or omissions, Zachariah Jackson was killed when a large fire and

explosion occurred on the vessel(s) in question. At the time of filing this lawsuit, the Coast
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Guard has been unable to locate Zachariah Jacksons body after the large explosion. Plaintiffs

have been damaged in a sum far in excess of the minimum jurisdictional limits of this

Honorable Court, for which they now sue.

17. Plaintiffs are also entitled to punitive damages because Defendant willfully and

wantonly disregarded Decedents and Plaintiffs safety and rights. Defendant acted with

flagrant and malicious disregard of Decedents health and safety. Defendant was subjectively

aware of the extreme risk posed by the conditions which caused Decedents death, but did

nothing to rectify them. Defendant did so knowing that the conditions posed dangerous and

grave safety concerns. Defendant acts and omissions involved an extreme degree of risk

considering the probability and magnitude of potential harm to Decedent and others.

Defendant had actual, subjective awareness of the risk, and consciously disregarded such risks.

Also, Defendants actions and/or inactions, viewed objectively, subjected Zachariah Jackson

to an extreme degree of risk.

VII.

JURY TRIAL

18. Plaintiffs hereby request a trial by jury on all claims and submits his jury fee

herewith.

19. As this is a claim under the Jones Act, Plaintiffs have the right to a preferential

trial setting pursuant to Texas Government Code, Section 23.101(a)(5). Plaintiffs respectfully

request that this case be preferentially set for trial.

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 VIII.
PRAYER

Plaintiffs pray that this citation issue and be served upon Defendant in a form and

manner prescribed by law, requiring Defendant appear and answer, and that upon final hearing,

Plaintiffs have judgment against Defendant in a total sum in excess of the minimum

jurisdictional limits of this Court, plus pre-judgment and post-judgment interests, all costs of

Court, and all such other relief to which Plaintiffs show they are justly entitled. As required by

Rule 47 of the Texas Rules of Civil Procedure, Plaintiffs affirmatively state that they seek

damages in excess of $1,000,000 and pray for relief and judgment, as follows:

Compensatory damages against Defendants;

Actual damages;

Consequential damages;

Economic damages for future loss of earnings;

Pain and suffering;

Exemplary damages;

Past and future mental anguish;

Past and future impairment;

Disfigurement;

Past and future disfigurement;

Interest on damages (pre- and post-judgment) in accordance with law;

Plaintiffs reasonable attorneys fees;

Costs of court;

Expert witness fees;

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 Costs of copies of depositions;

All damages mentioned and/or referred to elsewhere in the Petition; and

Such other and further relief as the Court may deem just and proper.

Respectfully Submitted,

ARNOLD & ITKIN LLP

/s/ Kurt Arnold

_______________________________
Kurt Arnold
SBN: 24036150
karnold@arnolditkin.com
Caj Boatright
SBN: 24036237
cboatright@arnolditkin.com
Roland Christensen
SBN: 24101222
rchristensen@arnolditkin.com
Alison Baimbridge
SBN: 24040160
abaimbridge@arnolditkin.com
6009 Memorial Drive
Houston, Texas 77007
Tel: 713.222.3800
Fax: 713.222.3850
e-service@arnolditkin.com

ATTORNEYS FOR PLAINTIFFS