Dora Mendieta, Individually and as next friend of J.L. III and as legal Representative of the Estate of Jorge Loredo, Jane Mary Loredo, Individually as Surviving Mother of Jorge Loredo, Nestor Aguilar and Lorena Aguilar vs. Kirby Offshore Marine Operating, LLC, (“Kirby Offshore”) Southern Recycling, LLC (“SOREC”)
Partner Jaime A. Saenz, along with Bijan Siahatgar, Betsy Kamin, and John Spiller of Clark Hill PLC, defended Kirby Offshore in a Wrongful Death and personal injury lawsuit filed in the 444th District Court of Cameron County, Texas. The lawsuit arose from a flash fire event that occurred on May 14, 2019 at the Port of Brownsville during shipbreaking activities. Jorge Loredo suffered fatal burns and Nestor Aguilar suffered significant burns. The Plaintiffs filed the lawsuit against multiple Defendants, alleging negligence and gross negligence in causing the flash fire event. Most of the Defendants settled with the Plaintiffs before trial. Jury selection was held on May 24, 2021. SOREC and Kirby Offshore thereafter settled with the Plaintiffs. However, Defendant SOREC maintained a cross action based on alleged contractual indemnity against Kirby Offshore, seeking the amount of the settlement it paid to the Plaintiffs, $8,000,000, plus attorneys’ fees and litigation costs. The cross action was tried to a jury beginning on June 7, 2021 and a verdict was reached on June 18, 2021. The Cameron County jury awarded no damages to SOREC. A take nothing Judgment was entered in favor of Kirby Offshore on November 30, 2021. The case is on appeal.