Articles Posted in J. Derek Aswell

Attorneys Derek Aswell from our Lafayette office and John Alford from our Covington office joined forces to represent a sixty-year-old engineer who was injured on a vessel. Their combined expertise and resources resulted in a $1.5 million settlement for our client three days into jury trial.

The plaintiff, a newly employed engineer, was assigned to grease the anchor on the bow of a vessel during a night shift. While performing his duties, he slipped and fell on the grating that covered the anchor hole which caused a neck and spinal cord injury. As a new employee (but a long-time engineer on vessels), he was unfamiliar with the ship’s layout. He testified that the deck was cluttered with rope, and the grating was ill-fitted and dilapidated, which contributed to his fall.

Derek and John uncovered evidence that, within a week of the plaintiff’s employment, a fire in the engine room had disabled the ship’s electricity. Although temporary lighting was provided in some areas of the ship, there was no active lighting on the bow, which further contributed to the hazardous conditions and his unwitnessed fall         . Defendant argued he had the experience to stop work if he thought it was unsafe.

Our attorney, Derek Aswell, recently obtained $2.5 Million for his client in a products liability case. The client is still recovering from extreme injuries due to a machine malfunction on the job site but received favorable compensation thanks to Derek’s thoroughness on the case.

The plaintiff involved was a superintendent equipment operator who was subcontracted to crush rocks for a wind turbine farm in Texas. The cause of the accident occurred when rock material obstructed the machine which prevented it from operating properly. The plaintiff powered off the crushing chamber before attempting to clear the obstruction, but the rotor of the machine suddenly free- spun, sending the plaintiff through the crushing chamber. This incident caused horrific and life-threatening injuries.

Thanks to Derek and his team’s hard work and excellence on the case, he helped his client hire experts in design and biomechanics to prove the machine was dangerously designed and that the injuries were caused by the chamber. The case ultimately resulted in a $2.5 Million settlement for the plaintiff.

I was fortunate and honored to represent my clients. Due to the negligence of a truck driver that failed to stop after losing a tire on Interstate 10, my client’s life changed forever, as a loose tire struck the front of his truck sending it airborne. 

My client was forced to make a difficult choice that is all too common with our clients: undergo the recommended neck surgery, or continue to provide for his family while working in horrible pain. My client showed toughness and dedication by choosing the latter so that his family had financial security. 

Further, my client’s treating physicians and family played a vital role in the jury’s verdict through their testimony.  His doctors described in detail the severity of my client’s injuries, while his family testified how this horrible accident completely changed how my client lived his life. The dancing, dirt bike and fishing enthusiasts no longer performed those activities because of his injuries he sustained in the September 1 , 2020 accident.

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