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CAUSE NO. 2015-74728
WILLIAM BLACK IN THE DISTRICT COURT
Plaintiff
HARRIS COUNTY, TEXA
DIAMOND OFFSHORE
DRILLING, INC., DIAMOND
OFFSHORE DRILLING
LIMITED, AND DIAMOND
OFFSHORE GENERAL
COMPANY
Defendants 281 JUDICIAL DISTRICT
DEFENDANTS’ RULE 329B(G) MOTION TO MODIFY
THE FINAL JUDGMENT SIGNED ON JUNE 14, 20
Defendants Diamond Offshore Drilling, Inc. (“Diamond Offshore”) and
Diamond Rig Investments Limited (“Diamond Rig Investments”) ask this Court to
modify the Final Judgment signed on June 14, 2019 after disregarding certain jury
findings and to sign a take-nothing judgment in their favor. Alternatively,
defendants ask this Court to modify the Final Judgment signed on June 14, 2019 by
eliminating the imposition of joint and several liability as to Diamond Rig
Investments.
ROUNDS FOR ODIFYING THE 2019 INAL UDGMENT
The “yes” answers to Question No. 1 as to “Diamond Offshore Drilling,
Inc.” and “Diamond Rig Investments Limited” are unsupported by any
evidence and immaterial. As a matter of law, there is no basis for a
legal duty that would subject “Diamond Offshore Drilling, Inc.” and/or
“Diamond Rig Investments Limited” to liability based upon Black’s
injury. As a matter of law, there is no legal basis for subjecting
“Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments
Limited” to liability based upon Black’s injury. Black had no
employment relationship with “Diamond Offshore Drilling, Inc.”
and/or “Diamond Rig Investments Limited.” Question No. 1 is
immaterial because it submits a theory of recovery that is foreclosed as
a matter of law and does not reflect the claim that was raised by the
pleadings and evidence.
2. The percentages of responsibility assigned in answer to Question No. 2
are unsupported by any evidence and are immaterial. Because there is
no evidence and no legal basis to support liability or a judgment against
“Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments
Limited,” the answers as to defendants are immaterial. As a matter of
law, there is no basis for joint and several liability. As a matter of law,
there is no basis for subjecting “Diamond Offshore Drilling, Inc.”
and/or “Diamond Rig Investments Limited” to liability based upon
Black’s injury. Black had no employment relationship with “Diamond
Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited.”
3. There is no evidence to support damage findings in answer to Question
Nos. 3(a), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g), and 3(h), and these findings
are immaterial. Because there is no basis for liability against “Diamond
Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited,”
all damage amounts found in response to Question No. 3 are
immaterial. Moreover, even if there is some evidence to support
findings greater than $0 for some of these answers, the specific amounts
found in answer to all subparts of Question No. 4 are unsupported by
any evidence.
4. The Final Judgment signed on June 14, 2019 is erroneous because it
assigns joint and several liability to Diamond Rig Investment even
though the percentage of responsibility assigned to Diamond Rig
Investment in response to Question No. 2 does not meet the threshold
for imposition of joint and several liability.
After disregarding the jury findings that are unsupported by any evidence or
immaterial, this Court should modify the Final Judgment signed on June 14, 2019
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and sign a take-nothing judgment in favor of Diamond Offshore and Diamond Rig
Investments. Alternatively, this Court should modify the Final Judgment signed on
June 14, 2019 by eliminating the assignment of joint and several liability as to
Diamond Rig Investment.1
CONCLUSION AND PRAYER
Diamond Offshore and Diamond Rig Investments ask this Court to modify
the Final Judgment signed on June 14, 2019 and, after disregarding the jury findings
identified above, sign a take-nothing judgment in defendants’ favor. Alternatively,
the Final Judgment signed on June 14, 2019 should be modified to eliminate the
imposition of joint and several liability as to Diamond Rig Investments. Defendants
request all other relief to which they may be entitled.
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By referring in this motion to specific legal and no evidence points, defendants do not waive any
legal or other points raised and otherwise preserved in this case. Instead, defendants incorporate
by reference all legal and no evidence points previously asserted, whether oral or written, including
but not limited to its summary judgment filings, directed verdict motion, and jury charge
objections.
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Respectfully submitted,
/s/T. Patrick Baynham
T. Patrick Baynham
State Bar. No. 00795203
tpbaynham@baynhambest.com
Steven K. Best
State Bar No. 00786907
skbest@baynhambest.com
BAYNHAM BEST, L.L.C.
Two Lakeway Center Suite 1750
3850 N. Causeway Boulevard
Metairie, Louisiana 70002
Telephone: (504) 837-3878
Facsimile: (504) 837-8495
William J. Boyce
State Bar No. 02760100
bboyce@adjtlaw.com
ALEXANDER DUBOSE & JEFFERSON LLP
1844 Harvard Street
Houston, Texas 77008
Telephone: (713) 523-2358
Facsimile: (713) 522-4553
ATTORNEYS FOR DEFENDANTS
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CERTIFICATE OF SERVICE
On July 15, 2019, I electronically filed Defendants’ Rule 3329b(g) Motion to
Modify the Final Judgment Signed on June 14, 2019 with the Clerk of Court using
the eFileTexas.gov electronic filing system which will send notification of such
filing to the following:
Cory Itkin
e-service@arnolditkin.com
Arnold & Itkin
6009 Memorial Drive
Houston, Texas 77007
/s/T. Patrick Baynham
T. Patrick Baynham
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Preview
CAUSE NO. 2015-74728 WILLIAM BLACK IN THE DISTRICT COURT Plaintiff HARRIS COUNTY, TEXA DIAMOND OFFSHORE DRILLING, INC., DIAMOND OFFSHORE DRILLING LIMITED, AND DIAMOND OFFSHORE GENERAL COMPANY Defendants 281 JUDICIAL DISTRICT DEFENDANTS’ RULE 329B(G) MOTION TO MODIFY THE FINAL JUDGMENT SIGNED ON JUNE 14, 20 Defendants Diamond Offshore Drilling, Inc. (“Diamond Offshore”) and Diamond Rig Investments Limited (“Diamond Rig Investments”) ask this Court to modify the Final Judgment signed on June 14, 2019 after disregarding certain jury findings and to sign a take-nothing judgment in their favor. Alternatively, defendants ask this Court to modify the Final Judgment signed on June 14, 2019 by eliminating the imposition of joint and several liability as to Diamond Rig Investments. ROUNDS FOR ODIFYING THE 2019 INAL UDGMENT The “yes” answers to Question No. 1 as to “Diamond Offshore Drilling, Inc.” and “Diamond Rig Investments Limited” are unsupported by any evidence and immaterial. As a matter of law, there is no basis for a legal duty that would subject “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited” to liability based upon Black’s injury. As a matter of law, there is no legal basis for subjecting “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited” to liability based upon Black’s injury. Black had no employment relationship with “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited.” Question No. 1 is immaterial because it submits a theory of recovery that is foreclosed as a matter of law and does not reflect the claim that was raised by the pleadings and evidence. 2. The percentages of responsibility assigned in answer to Question No. 2 are unsupported by any evidence and are immaterial. Because there is no evidence and no legal basis to support liability or a judgment against “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited,” the answers as to defendants are immaterial. As a matter of law, there is no basis for joint and several liability. As a matter of law, there is no basis for subjecting “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited” to liability based upon Black’s injury. Black had no employment relationship with “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited.” 3. There is no evidence to support damage findings in answer to Question Nos. 3(a), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g), and 3(h), and these findings are immaterial. Because there is no basis for liability against “Diamond Offshore Drilling, Inc.” and/or “Diamond Rig Investments Limited,” all damage amounts found in response to Question No. 3 are immaterial. Moreover, even if there is some evidence to support findings greater than $0 for some of these answers, the specific amounts found in answer to all subparts of Question No. 4 are unsupported by any evidence. 4. The Final Judgment signed on June 14, 2019 is erroneous because it assigns joint and several liability to Diamond Rig Investment even though the percentage of responsibility assigned to Diamond Rig Investment in response to Question No. 2 does not meet the threshold for imposition of joint and several liability. After disregarding the jury findings that are unsupported by any evidence or immaterial, this Court should modify the Final Judgment signed on June 14, 2019 2 and sign a take-nothing judgment in favor of Diamond Offshore and Diamond Rig Investments. Alternatively, this Court should modify the Final Judgment signed on June 14, 2019 by eliminating the assignment of joint and several liability as to Diamond Rig Investment.1 CONCLUSION AND PRAYER Diamond Offshore and Diamond Rig Investments ask this Court to modify the Final Judgment signed on June 14, 2019 and, after disregarding the jury findings identified above, sign a take-nothing judgment in defendants’ favor. Alternatively, the Final Judgment signed on June 14, 2019 should be modified to eliminate the imposition of joint and several liability as to Diamond Rig Investments. Defendants request all other relief to which they may be entitled. 1 By referring in this motion to specific legal and no evidence points, defendants do not waive any legal or other points raised and otherwise preserved in this case. Instead, defendants incorporate by reference all legal and no evidence points previously asserted, whether oral or written, including but not limited to its summary judgment filings, directed verdict motion, and jury charge objections. 3 Respectfully submitted, /s/T. Patrick Baynham T. Patrick Baynham State Bar. No. 00795203 tpbaynham@baynhambest.com Steven K. Best State Bar No. 00786907 skbest@baynhambest.com BAYNHAM BEST, L.L.C. Two Lakeway Center Suite 1750 3850 N. Causeway Boulevard Metairie, Louisiana 70002 Telephone: (504) 837-3878 Facsimile: (504) 837-8495 William J. Boyce State Bar No. 02760100 bboyce@adjtlaw.com ALEXANDER DUBOSE & JEFFERSON LLP 1844 Harvard Street Houston, Texas 77008 Telephone: (713) 523-2358 Facsimile: (713) 522-4553 ATTORNEYS FOR DEFENDANTS 4 CERTIFICATE OF SERVICE On July 15, 2019, I electronically filed Defendants’ Rule 3329b(g) Motion to Modify the Final Judgment Signed on June 14, 2019 with the Clerk of Court using the eFileTexas.gov electronic filing system which will send notification of such filing to the following: Cory Itkin e-service@arnolditkin.com Arnold & Itkin 6009 Memorial Drive Houston, Texas 77007 /s/T. Patrick Baynham T. Patrick Baynham 5