Allen v. St. James Stevedoring

748 So. 2d 1232, 99 La.App. 5 Cir. 670, 1999 La. App. LEXIS 3329, 1999 WL 1080721
CourtLouisiana Court of Appeal
DecidedNovember 30, 1999
DocketNo. 99-CA-670
StatusPublished

This text of 748 So. 2d 1232 (Allen v. St. James Stevedoring) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. St. James Stevedoring, 748 So. 2d 1232, 99 La.App. 5 Cir. 670, 1999 La. App. LEXIS 3329, 1999 WL 1080721 (La. Ct. App. 1999).

Opinion

EDALEY, Judge.

In this admiralty case, defendant, St. James Stevedoring, appeals the trial court’s judgment finding it 90% liable in the injury of their employee, plaintiff, Jerry Allen. A co-defendant, Veracity Shipping Company, Ltd., was found 10% liable (plaintiff settled with this party prior to trial). St. James also appeals the award of $300,000.00 to plaintiff for future lost wages. Plaintiff, Jerry Allen, answered the appeal, requesting that this court find St. James 100% liable, and seeking an increase in the damage awards. For the following reasons, we affirm the trial court’s judgment.

Allen was an employee of St. James when he was injured on March 20, 1996. He filed suit against St. James Stevedor-ing and Veracity under the Jones Act and General Maritime Law. St. James filed a cross-claim against Veracity. The case went to a bench trial on August 5, 6, and 7, 1998. During the trial, Allen settled his claims against Veracity and assumed the defense of Veracity on the cross-claim filed by St. James. The court rendered judgment in favor of Allen and against St. James and | «Veracity, finding St. James 90% at fault and Veracity 10% at fault. The trial court awarded the following amounts in damages to Allen:

$100,000.00 for past pain and suffering;
$ 25,000.00 for future pain and suffering;
$ 56,000.00 for past wage loss; and
$300,000.00 for future wage loss.

The trial court found that Allen’s claim against St. James Stevedoring arose under the Jones Act, it being uncontested that he was a seaman assigned to that vessel. It further found that Allen’s claim against the MTV ALEXIA arose under general maritime law negligence. Neither party to this [1234]*1234appeal challenges the application of that substantive law.

The trial court determined that Veracity furnished a defective Jacob’s ladder. It also determined that the ladder was furnished at the request of St. James, who also had a duty to determine if the ladder conformed to industry standards and was placed safely for the crew’s use. The trial court found that St. James breached those duties. The trial court declined to find any comparative fault on the part of the plaintiff.

FACTS

Jerry Allen was working as a deckhand with St. James Stevedoring when he fell from a Jacob’s ladder tied to the bulwark of the M/V ALEXIA (sometimes referred to as the ship) twenty-five (25) feet to the deck of the D/B MARGARET (sometimes referred to as the rig or barge), a derrick barge mounted with a pedestal crane used in mid-stream cargo operations. They were engaged in discharging bulk fertilizer from the M/V ALEXIA, a vessel owned by Veracity. No one witnessed his accident, although several deckhands and St. James personnel were in the vicinity and saw him land on the deck of the D/B MARGARET. He sustained a fractured wrist, fractured pelvis, fractured heel, and other injuries.

I/The St. James special projects manager, Burton Gonzales, testified that their contract with Veracity required the placement of an accommodation ladder (or gang plank) from the ship to the rig with 24 hour access for the St. James personnel. The accommodation ladder was described as a fixed ladder with handrails, standard sized rungs, and a safety net, like a fixed staircase. On the day of the accident, the stevedoring operations (and the MARGARET) were located in the portside stern of the M/V ALEXIA, and the accommodation ladder was located starboard. The only way for the deckhands to use the accommodation ladder was to call a crew boat to take them from the accommodation ladder around to the barge.

The St. James supervisors also requested that the M/V ALEXIA rig a Jacob’s ladder from the ship to the deck of the barge. The Jacob’s ladder was described as a portable rope ladder with metal rungs tied to the bulwark of the M/V ALEXIA and extending down to the deck of the barge, some 25 feet below.1 Pictures taken of the ladder on the day of the accident allowed witnesses to measure the distance between the rungs as 20 inches and the depth of the rung tread as 3 inches.2 Pictures also showed that the bulwark where the ladder was tied was slanted, causing the ladder to hang at a slant, with approximately 4-6 inches of differential slope from one end of the rungs to the other. Industry standards for Jacob’s ladders were a 12 inch distance between rungs and a minimum tread depth of Ak inches.

St. James itself did not own any Jacob’s ladders, and the one involved in this accident was owned and supplied by Veracity. Other witnesses, Kenneth Wilkins (the St. James supervisor on duty at the time of the accident), Kenny Delaune (a crane operator for St. James), and Focus Green (a deckhand), all testified that St. James |fidoes not provide any training to its men on the proper use of a Jacob’s ladder, and further did not hold any regular safety meetings or training while these men worked there.

Gonzales3 testified that the M/V ALE-XIA crew was responsible for deciding where to tie the Jacob’s ladder and that his crew would have had no authority in the placement or securing of the ladder. Gonzales testified that his crew was not required to use the Jacob’s ladder to cross from the vessel to the barge. Any crew member can choose whether to take the ladder or call the crew boat. At the time of this accident, St. James had five rigs [1235]*1235working midstream operations and used one crew boat between them to transport personnel. Deckhands did not have radios to call the crew boat, but each supervisor did, and there was a radio in the crew shack on the D/B MARGARET available for deckhands’ use. Therefore, if on the M/V ALEXIA, a deckhand would have to request that a supervisor call the crew boat.

Gonzales testified that his supervisors are instructed to determine if the placement of the Jacob’s ladder was “safe.” If the placement was unsafe, he would expect the supervisor to notify the ship’s crew and have the location of the ladder corrected.

At the time of this accident, the Jacob’s ladder was tied to the stern bulwark, approximately 6 feet higher than the deck of the M/V ALEXIA. A person using it would have to crawl on to the bulwark and feel for the ladder with his feet and straddle the bulwark going over. No additional ladder or safety device, such as a fixed stanchion which a deckhand could hold on to, was placed where the ladder was tied off. After the accident, Gonzales said that he had the crew pull up the Jacob’s ladder to see if anything was wrong with it, but he couldn’t detect a problem with it.

| fiKenny Wilkins, Allen’s supervisor, testified to many of the same matters as Gonzales. He said that just before the accident, he told Allen and others to leave the ship and go to the barge, but he didn’t tell them how to get there. In his deposition, he testified that he may have told them to use the Jacob’s ladder. He saw Focus Green, another deckhand, go down the ladder prior to the accident. He testified that neither he nor any of his crew ever moved or placed this ladder, because it was the job of the M/V ALEXIA crew. Wilkins testified that Jacob’s ladders are faster and more convenient than the accommodation ladder for moving men from ship to rig.

On cross, Wilkins said the men are expected to exercise some judgment as to the safety of a situation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Scindia Steam Navigation Co. v. De Los Santos
451 U.S. 156 (Supreme Court, 1981)
William Kirsch v. Prekookeanska Plovidba
971 F.2d 1026 (Third Circuit, 1992)
Charles D. Gautreaux v. Scurlock Marine, Inc.
107 F.3d 331 (Fifth Circuit, 1997)
Gaines v. DAIICHI CHUO SHIPPING, INC.
673 So. 2d 1192 (Louisiana Court of Appeal, 1996)
Milstead v. Diamond M Offshore, Inc.
663 So. 2d 137 (Louisiana Court of Appeal, 1995)
Holmes v. Daybrook Fisheries, Inc.
730 So. 2d 1006 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
748 So. 2d 1232, 99 La.App. 5 Cir. 670, 1999 La. App. LEXIS 3329, 1999 WL 1080721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-st-james-stevedoring-lactapp-1999.