Guidry v. J. Ray McDermott & Co., Civ. A. No. 2813.

• Decision Date: 03 March 1950
• Docket Number: Civ. A. No. 2813.
• Citation: 89 F. Supp. 60
• Parties: GUIDRY v. J. RAY McDERMOTT CO., Inc., et al.
• Court: U.S. District Court — Western District of Louisiana

89 F. Supp. 60

GUIDRY v. J. RAY McDERMOTT CO., Inc., et al.

Civ. A. No. 2813.

United States District Court W. D. Louisiana, Opelousas Division.

March 3, 1950.

Joseph J. Piccione, Lafayette, La., for plaintiff.

James G. Dubuisson and Edward Dubuisson, Opelousas, La., for defendant.

DAWKINS, Chief Judge.

Plaintiff, a citizen of Louisiana, sues his employer, J. Ray McDermott Company, Inc., and its insurer, Hartford Accident and Indemnity Company under the Louisiana Workmen's Compensation Law, Act No. 20 of 1914, as amended, for compensation in the sum of $12,000, as for total and permanent disabilities alleged to have been caused by injuries received while working on an oil field derrick. The demand is for compensation at the rate of $30.00 per week for a total period of 400 weeks, and the extent and character of his alleged injuries are set forth in the following quoted portions of the complaint, to wit:

"XV

"That in the said accident plaintiff's left leg received a severe compound fracture when it was forcefully knocked against the steel scaffold and frame by the great force of the tackle pulling thereon with the heavy weight of the beam attached thereto; that plaintiff suffered a spiral fracture of the proximal end of the left fibula, severe contusions of his left foot and ankle and deep lacerations of the left gastrocnemious muscle.

"XVI

"That following said accident plaintiff was removed to Lee Memorial Hospital at Fort Meyers, Florida, and treated for approximately fifteen days by cleansing of the open wound and immobilization of the fracture in a long leg cast which remained in place for approximately eighteen days, when plaintiff was returned to his home in Lafayette, Louisiana, where another physician removed the leg cast and reapplied another leg cast for an additional period of four weeks; that during this period it was necessary for plaintiff to use crutches.

"XVII

"That upon the removal of the second cast the wound had healed leaving a scar approximately one and one half inches in length on plaintiff's left calf posteriorly three inches beneath the transverse popliteal crease; however, plaintiff was unable to bear weight on his forefoot and experienced severe pain in the region of the left gastrocnemious muscle when attempting to do so.

"XVIII

"That plaintiff was unable to perform any work whatsoever until on or about January 2, 1949, at which time plaintiff secured employment as a rig builder and has worked as such intermittently for approximately one hundred thirty-five (135) days during the period from January 2, 1949, to October 1, 1949, for various employers.

"XIX

"That during the entire time of performing his labors and duties as a rig builder during said employment during 1949 your petitioner because of the known condition of his leg, was favored with light duties by foremen on the crews whenever possible; that in spite of said favoring, plaintiff was only able to perform the labors and duties assigned to him with constant and continuous pain and discomfort in the region of the left gastrocnemious muscle (calf of the leg); that at all times when lifting weights or straining or pulling, or standing on his toes, as was often necessary during his...