Rayborn v. Diamond Offshore Co.

832 So. 2d 1052, 2002 WL 31630411
CourtLouisiana Court of Appeal
DecidedNovember 13, 2002
Docket2002-CA-0084
StatusPublished
Cited by2 cases

This text of 832 So. 2d 1052 (Rayborn v. Diamond Offshore Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rayborn v. Diamond Offshore Co., 832 So. 2d 1052, 2002 WL 31630411 (La. Ct. App. 2002).

Opinion

832 So.2d 1052 (2002)

Michael S. RAYBORN
v.
DIAMOND OFFSHORE COMPANY and Walter Oil & Gas Corporation

No. 2002-CA-0084.

Court of Appeal of Louisiana, Fourth Circuit.

November 13, 2002.

*1053 Timothy J. Young, Robert J. Young, Jr., Young, Richaud & Myers, New Orleans, Counsel for Plaintiff/Appellee.

Nelson W. Wagar, III, Jason P. Foote, Chopin, Wagar, Cole, Richard, Reboul & Kutcher, LLP, Metairie, Counsel for Defendant/Appellant.

(Court composed of Chief Judge WILLIAM H. BYRNES III, Judge TERRI F. LOVE, Judge MAX N. TOBIAS, Jr.)

LOVE, J.

This case involves an accident on a Diamond Offshore Company rig, where Michael *1054 Rayborn was hit in the face and eyes with hydraulic fluid from a hose that burst near where he was working. Michael Rayborn filed suit against Diamond Offshore Company and Walter Oil and Gas Corporation, to determine the amount of damages for the injury to his right eye. The jury awarded Michael Rayborn $829,000 in general damages, $46,000 in past lost wages, and $125,000 in future lost earnings/earning capacity. For the following reasons, we amend the judgment and affirm as amended.

FACTS AND PROCEDURAL HISTORY

On September 16, 1998, Michael Rayborn ("Rayborn") was employed by Diamond Offshore Company ("Diamond") as a floor hand aboard the MODU OCEAN TOWER. Rayborn was injured when a hose containing hydraulic fluid ruptured, spraying him in the face and eyes. He filed this action against the defendants, Diamond, and Walter Oil and Gas Corporation, the owner of the offshore lease.

Rayborn was treated immediately after the accident by the crew medic, who rinsed his eyes with saline and then transported him to the University of Texas Hospital— Galveston Branch for additional treatment. Dr. Dawn Buckingham attended to Rayborn's eye injuries. She flushed his eyes with saline for two hours, applied an eye patch and prescribed pain medication. Rayborn returned to the rig for the final day of his hitch but rested the entire time. He was scheduled to report back to Dr. Buckingham the next day for a follow-up treatment, but instead Rayborn drove home to Mississippi. Rayborn did not follow up with a doctor during the entire two-week period that he was ashore after the accident. Rayborn continued to work his normal schedule offshore and was promoted to the position of derrick man when he returned after this incident. He continued to work fourteen-day hitches offshore until January of 1999.

Since the accident, Rayborn has seen numerous doctors regarding his right eye; however, none detected any damage to the eye that would explain Rayborn's complaints of pain, sensitivity to light, blurriness, or partial vision loss. In September 2000, Rayborn was referred to Dr. David Mielke, a psychiatrist. Dr. Mielke diagnosed Rayborn with conversion disorder, a psychological disorder where a patient believes and experiences the effects of damage to a specific body part even though there is no physical evidence of the injury. Dr. John Thompson, another psychiatrist that evaluated Rayborn's condition in January 2001, attributed Rayborn's complaints to malingering or exaggeration.

Defendants admitted liability for the injuries Rayborn sustained due to the ruptured hose, and offered judgment to the plaintiff prior to trial. The nature and extent of Rayborn's eye injuries and the amount of his damages were the only issues at trial.

A three-day jury trial was held. The jury returned a verdict in favor of Rayborn, awarding him $829,000 in general damages, $46,000 in past lost wages, and $125,000 in future loss of earnings/earning capacity, for a total award of $1,000,000.

DISCUSSION

In its first assignment of error, Defendants argue that the jury committed manifest error by awarding Rayborn $829,000 in general damages.

The various doctors who evaluated the condition of Rayborn's eye provided, at trial, extensive testimony as to their findings.

Dr. Dawn Buckingham[1]

Dr. Dawn Buckingham was the first physician to attend Rayborn after the accident *1055 offshore on the morning of September 16, 1998. At the time Dr. Buckingham was a resident in ophthalmology at the University of Texas Hospital at Galveston. Dr. Buckingham noted that Rayborn had an elevated pH level of 8.0-8.4 in his eye, and realizing that further damage could occur, she flushed his eyes out for two hours with saline, after which his eye pH was found normal; she applied medication and an eye patch. She found his visual acuity at 20/80 that pin holed to 20/60, normal pressure, normal papillary reaction, and two areas of patching with a slight amount of corneal edema in the right eye and diffuse swelling in the left eye cornea, but the remainder of Rayborn's exam was normal. Dr. Buckingham testified to the following:

Q. In simple English, what was wrong with his eye when you saw it?
A. It was a little red, and he had a slight corneal abrasion and a little bit of swelling of his right cornea.

She further testified that she felt that it was superficial damage, and found that the abrasion was not directly in Rayborn's line of slight. Dr. Buckingham found no injury to optic nerve or other part of the eye. She testified that she did not feel it was a serious injury. Dr. Buckingham requested that Rayborn return to the hospital after his hitch. Rayborn testified that he did return for the appointment but that he could not get in to see Dr. Buckingham, so he left and drove home to Mississippi with one eye. Dr. Buckingham never saw him again.

Rayborn complained to his safety supervisor, Herb Preteus, Jr., that his eye was bothering him in October of 1998. According to Preteus this was the only occasion that Rayborn made a formal complaint about his right eye while working for Diamond. Preteus made a report of Rayborn's complaints to David Ellingburgh in Diamond's claims department on October 19, 1998. Ellingburgh sent Rayborn to see Dr. Richard Wei at the Westbank Surgical Clinic.

Dr. Richard Wei

Dr. Richard Wei, an occupational medicine specialist, met with Rayborn on October 20, 1998. Dr. Wei in his examination found no physical abnormality in Rayborn's right eye. Dr. Wei found the extra-articular muscles intact, the pupils reactive to light, clear cilia and cornea, and no damage or swelling to fundus area. Nevertheless, Rayborn complained to Dr. Wei that he was experiencing a decreased field of vision in his right eye. Puzzled as to why Rayborn was complaining of visual field loss when his external components were normal, Dr. Wei referred Rayborn to Dr. Owen Leftwich.

Dr. Owen Leftwich

Dr. Owen Leftwich, a specialist in ophthalmology, also met with Rayborn on October 20, 1998. Rayborn complained again of irritation and poor vision. When Dr. Leftwich asked Rayborn to read the eye chart, Rayborn stated he was unable to see the large "E" on the board with his right eye. Dr. Leftwich then conducted a complete eye exam. He also found Rayborn's pupil response equal. In a split lamp examination, he found no abnormality in the cornea or the back of the eye. Dr. Leftwich testified Rayborn's depth perception test was abnormal but that it did not indicate a problem that would prevent Rayborn from seeing the big "E". Dr. Leftwich further testified:

Q. Were you able to explain, at all, from a medical scientific point of view, the complaints that the patient had of not being able to see?

*1056 A. Not on an organic basis, which means a chemical or anatomical basis.

Dr.

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