Weeks Marine, Inc. v. Garza, 371 S.W.3d 157

Garza, a seaman, was injured on Weeks Marine’s anchor barge while training on Feb 15, 2006.
Jury found Weeks 80% negligent and Garza 20%, awarded $1.12 million compensatory damages and $2.5 million for alleged injury from failure to pay maintenance and cure.
Weeks Marine paid some medical visits but did not fund optimal treatment; Garza later sought care from his own doctor and underwent surgery in Oct 2007.
Garza asserted four claims: Jones Act negligence, unseaworthiness, unpaid maintenance and cure, and damages for failure to pay maintenance and cure.
Court of appeals affirmed; Weeks challenged the unreasonable-failure-to-pay award as double recovery and lacking injury causation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there legally sufficient evidence that Weeks’ failure to pay caused Garza’s injuries?	Garza argues prolonged pain/anguish resulting from delayed care was caused by nonpayment.	No evidence shows the nonpayment worsened Garza’s condition or recovery timeline.	No evidence supports causal link; reverse the unreasonable-failure-to-pay award.
Does Garza’s evidence support application of the specific orders exception to comparative fault?	Garza followed his supervisor’s orders, so fault should not reduce his award.	There is evidence Garza disobeyed or could have chosen differently; exception should not apply.	Evidence supports the specific orders exception; Garza’s negligence award remains in full.

Gaspard v. Taylor Diving & Salvage Co., 649 F.2d 372 (5th Cir. 1981) (double recovery permitted when separate injuries under separate theories exist)
Morales v. Garijak, Inc., 829 F.2d 1355 (5th Cir. 1987) (willful failure to pay can sustain damages for resulting injury)
Atl. Sounding Co. v. Townsend, 557 U.S. 404 (S. Ct. 2009) (maintenance and cure precedents; remedies for denial of cure)
De Zon v. Am. President Lines, Ltd., 318 U.S. 660 (U.S. 1943) (failure to provide cure may be separate from physical injury)
Miles v. Apex Marine Corp., 498 U.S. 19 (U.S. 1990) (limitations on punitive damages and cure framework in maritime context)
Stevens v. Seacoast Co., 414 F.2d 1032 (5th Cir. 1969) (damages for failure-to-pay maintenance and cure may extend beyond initial injury)
Perry v. Cohen, 272 S.W.3d 585 (Tex. 2008) (waiver and preservation principles in appellate briefing)
Guevara v. Ferrer, 247 S.W.3d 662 (Tex. 2007) (remittitur framework for legally insufficient evidence in cure cases)
Maritime Overseas Corp. v. Waiters, No. 96-955 (Tex. 1996) (Tex.) (punitive damages not recoverable under general maritime law for willful denial to pay cure (context noted))