Wink v. Rowan Drilling Co.

Joseph Wink (plaintiff) was employed as a seaman by Rowan Drilling Company (Rowan) (defendant). While working, Wink was struck in the head by a pipe. Wink suffered severe injuries requiring emergency skull surgery and, later, implementation of a metal plate into his head. Before being cleared to return to work by his physician, Wink agreed to resolve all legal claims against Rowan related to the accident. Rowan’s lawyers prepared all the court documents: Wink’s complaint, Rowan’s answer, and Wink’s medical reports. Wink was not represented by counsel. Rowan’s counsel also prepared a joint stipulation of facts, signed by both parties, which stated that Wink had been contributorily negligent and that his recovery was limited to $17,500. The documents were submitted to the district court, and the court summarily issued an opinion authorizing the settlement. Although the district court stated in its opinion that it followed its invariable practice of explaining to Wink all his legal rights, the court created no record establishing how it did so. Moreover, the language of the district court’s opinion largely mirrored that of the documents prepared by Rowan. Two years later, Wink returned to district court to file both (1) a motion to set aside the previous judgment and (2) an action to seek additional damages from the pipe accident. The district court refused to allow Wink to set aside the first judgment and relitigate the matter, holding that Wink did not meet the necessary burden of proof to justify setting the original judgment aside. Wink appealed.