Great Lakes Dredge & Dock Wins Reversal Of $3.8 Million Verdict

Great Lakes Dredge & Dock (GLDD) has won a reversal of a $3.8 million jury verdict in the Texas Fourteenth Court of Appeals in Houston. The decision reinforces and clarifies important limitations on employer liability under the Jones Act for certain off-duty conduct of maritime employees.

The case arose from a fight between two off-duty employees staying at a hotel while on rotation for a GLDD vessel. The jury returned a substantial damages verdict in favor of the plaintiff, who was allegedly injured in the altercation.

GLDD was represented by an appellate team from the firm of Haynes Boone, an international corporate law firm with headquarters in Dallas. The team, headed by partner Mark Trachtenberg and associate Ryan Pitts, won a take-nothing judgment from the court. The team argued, and the appellate court agreed, that there was not legally sufficient evidence to establish that the incident occurred within the course and scope of employment or in service of the ship, thus reversing the jury’s judgment.

Together, the work of Trachtenberg and Pitts resulted in clarification of the parameters of employer liability for off-duty conduct and strengthened protections for maritime companies operating in Texas.

“This decision reinforces important legal principles governing employer liability in the maritime industry and provides meaningful precedent for cases evaluating the scope of employment under the Jones Act,” Trachtenberg said. “We are pleased to have obtained this favorable outcome for Great Lakes.”

Haynes Boone’s Appellate Practice Group, nationally recognized for winning precedent-setting appeals and shaping litigation strategy at every stage of trial, is ranked Band 1 in Chambers USA.

The case is Great Lakes Dredge & Dock Company Appellant, V. Joshua Clark, Appellee, Trial Court Cause No. 2021-03407.