HomeLouisianaScott Chafin LawProven verdicts$17,130,468.03 (amended judgment; $7,983,886.74 of it cast directly against the insurer)
$17,130,468.03 (amended judgment; $7,983,886.74 of it cast directly against the insurer)VerdictReduced from $17.5 million

They Sent the Crew Down With 8.4-Pound Fluid Where 10.5 Was Needed to Hold Back the Gas, and Never Wrote a Completion Plan.

Verdict · 1st Judicial District Court, Caddo Parish, LA (amended, La. App. 2 Cir.) · 2018

After trial: Amended and rendered on appeal, with a collectability ceiling well below the judgment. The jury awarded Shephard $17,480,438.03; the Louisiana Second Circuit reduced the future lost wages component and rendered an amended total of $17,130,468.03 on May 23, 2018 (No. 51,965-CA, 249 So.3d 194), disposition affirmed in part, amended in part, rendered. AIX Energy was in Chapter 11 (In re AIX Energy, N.D. Tex. No. 15-34245) and the decree limits recovery from AIX to insurance proceeds, fixing St. Paul Fire & Marine's liability to Shephard at $7,983,886.74. On scope: the suit carried two injured workers and their spouses, and the opinion opens by describing a total of about $22.45 million to the two men, but the money judgments are itemized and rendered per plaintiff rather than pooled, so Shephard's award is one man's recovery and is recorded as individual.

Won by Scott Chafin Law.

AIX Energy ordered a workover cleanout on a Claiborne Parish well using completion fluid far too light to hold back the formation's gas pressure, and never wrote or circulated a completion plan to the crew. Gas broke out and ignited. Jeremy Shephard, the toolpusher, was burned over a third to half of his body.

What happened

AIX Energy owned and operated the Bud Meadors No. 3 well in Claiborne Parish, Louisiana. It ordered a workover cleanout on the well.

The job was run with a 2 percent KCl completion fluid weighing about 8.4 pounds per gallon. Holding back the gas pressure in the Smackover formation needed roughly 10.5 pounds per gallon. Fluid weight is what keeps a well from coming up at the people standing over it, and this fluid was two pounds per gallon too light.

AIX also never wrote or circulated a completion plan to the crew, so nobody on the rig floor had the document that would have told them what they were dealing with.

Gas broke out of the well and ignited. Jeremy Shephard was the toolpusher. He suffered second-degree burns over roughly a third to a half of his body, required facial reconstruction, and sustained a traumatic brain injury with seizures.

The jury allocated 97.5 percent of the fault to AIX, 2 percent to Bear Creek Services and 0.5 percent to an individual defendant, and awarded Shephard $17,480,438.03. On May 23, 2018 the Louisiana Second Circuit amended the future lost wages component and rendered an amended judgment of $17,130,468.03, affirming the rest.

There is a hard limit on what that judgment is worth, and it belongs in any honest account of the case. AIX Energy was in Chapter 11, and the decree caps recovery from AIX to insurance proceeds. The court fixed St. Paul Fire and Marine's liability to Shephard at $7,983,886.74. That is the collectible number.

Shephard was represented by Scott Chafin Jr. and Julie Payne Johnson, then of Gregorio, Chafin, Johnson, Poolson and Tabor in Shreveport and now practising as Scott Chafin Law, with Ward F. LaFleur and Richard J. Hymel of Mahtook and LaFleur as co-counsel.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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