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Video Evidence of Active Claimant Leads to Reduced Damages Award

By Jim Sams (Senior Editor)

Monday, October 28, 2013 | 0

Surveillance video of an injured Louisiana oil-rig worker dancing, jumping out of the bed of a pickup and squatting with a dog food bag on his shoulder helped persuade the U.S. 5th Circuit Court of Appeals that the district court's $200,000 award for general damages was "clearly excessive."The 5th Circuit reduced the damages award in a third-party suit brought by Scott Joseph Delahoussaye to $86,450, but rejected the plaintiff's argument that exclusive remedy applies to the case because the worker found to be most at fault for the accident was acting as a borrowed servant.Case: Delahou...

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