$41 Million Maritime Verdict for Seaman Who Died from Spider Bite Aboard Ship

Jose Flores was a seaman who was bitten by a brown recluse spider while working aboard a dredging vessel in July 2010. The bite, which might be dismissed as an ordinary workplace hazard, contributed to a grave decline in his health, and Flores died in March 2013. His estate pursued the vessel operator for his death.

Under general maritime law, a vessel owner owes seamen a duty to provide a seaworthy ship. A ship without adequate pest control can give rise to a claim of unseaworthiness alongside a claim of negligence. The plaintiff's side pursued both theories: that the vessel was unseaworthy, and that its operator had been negligent in allowing the conditions that exposed Flores to the spider.

The case went to a six-day trial in state district court in Starr County, Texas, where maritime law governed the claims. In December 2015 the jury returned a verdict of roughly $41.1 million for Flores's estate. Texas Lawyer, reporting through its Law.com platform, covered the result under the headline crediting Tony Buzbee with the win, and the appellate record in the later malpractice suit identifies Christopher J. Leavitt, of The Buzbee Law Firm, as the lawyer who represented Flores.

The verdict did not stand as the final recovery. After trial, the vessel operator and its insurers settled the estate's claim and a related suit for $10 million. That settlement, and the defense's handling of the case, later became the subject of a separate legal malpractice action against the defense firm, which reached the Texas Court of Appeals.