Anselmi v. Penrod Drilling Corp.

813 F. Supp. 436, 123 A.L.R. Fed. 823, 1993 A.M.C. 1617, 1993 U.S. Dist. LEXIS 2054, 1993 WL 43614
CourtDistrict Court, E.D. Louisiana
DecidedFebruary 18, 1993
DocketCiv. A. No. 90-1449
StatusPublished
Cited by9 cases

This text of 813 F. Supp. 436 (Anselmi v. Penrod Drilling Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anselmi v. Penrod Drilling Corp., 813 F. Supp. 436, 123 A.L.R. Fed. 823, 1993 A.M.C. 1617, 1993 U.S. Dist. LEXIS 2054, 1993 WL 43614 (E.D. La. 1993).

Opinion

ORDER AND REASONS

FELDMAN, District Judge.

Before this Court is defendant’s motion to dismiss the plaintiff’s suit for failure to state a claim upon which relief may be granted, or alternatively, for summary judgment. Penrod insists that the plaintiff cannot recover under the Jones Act or general maritime law for a purely emotional injury. Thus, this motion renews the Hagerty-Gaston-Plaisance dialogue.

Background

The lawsuit arises out of a November 1989 explosion on Penrod’s jackup rig. At the time of the explosion, the plaintiff, who was a crane operator on the rig, had already worked a full shift, eaten dinner and gone to bed in his room on the third level of the living quarters. His particular room was located on the starboard side of the [438]*438living quarters and a short distance to the door leading to the deck and lifeboat.

The plaintiff first knew something was wrong that early November morning when he heard high pressure being released. He at first thought it was an alarm clock, but when the sound of the alarm did not go off, he realized it was something more serious. He looked outside and saw the toolpusher sounding the general alarm. Shortly thereafter, the rig was rocked by two explosions.

The plaintiff dressed and immediately went to the lifeboat. While the plaintiff readied the lifeboat, he saw flames coming from a room between fifty and seventy-five feet from him. When no other crew member came to the lifeboat, the plaintiff returned to the living quarters and was instructed by the tool pusher to go downstairs and assist in tending to injured crew members. Mr. Anselmi did so and remained with the injured men until the helicopters arrived to evacuate them. While helping the injured, he observed severe damage to the rig. The area surrounding the explosion was demolished. Later that afternoon, the plaintiff asked to be relieved of duty and transported off the rig. Between the time of the incident and his evacuation, the plaintiff maintains that he was an emotional wreck and spent much of the time crying. Mr. Anselmi believes that much of his fright resulted from his realization that if the explosion had been delayed and more gas allowed to escape, the entire rig would have been at risk. (After the initial two explosions, the rig experienced no further emergencies.)

It is undisputed that the plaintiff experienced no physical injuries as a result of the events on November 23, 1989. To this day Mr. Anselmi is, by his own admission, physically capable of doing any type of work. But he claims to be emotionally disabled. One week after the explosions, the plaintiff was reassigned to another Penrod rig; he was unable to complete more than six hours of his new assignment.

Once he returned home, plaintiff says he continued to experience episodes of nervousness, anxiety, nightmares, and an inability to sleep. Dr. Charles R. Smith, a psychiatrist, diagnosed plaintiff as suffering from acute post-traumatic stress disorder.

In early August 1990, the plaintiff was refused employment because he had a pending lawsuit. According to the plaintiff, he reacted violently and was a threat to himself and his family. Mr. Anselmi was hospitalized at Ochsner and again diagnosed with post-traumatic stress disorder. The explosion on the rig was deemed the cause of this disorder.

The plaintiff has incurred hospital and medical expenses of over $16,000. Despite his many requests, he has not received maintenance and cure.

I.

A.

Federal Rule of Civil Procedure 56 instructs that summary judgment is proper if the record discloses no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.1 No genuine issue of fact exists if the record, taken as a whole could not lead a rational trier of fact to find for the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355, 89 L.Ed.2d 538 (1986). A genuine issue of fact exists only “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986).

The mere argued existence of a factual dispute does not defeat an otherwise properly supported motion. See id. Therefore, “[i]f the evidence is merely colorable, or is not significantly probative,” summary judgment is appropriate. Id. at [439]*439249-50, 106 S.Ct. at 2511 (citations omitted). Summary judgment is proper if the party opposing the motion fails to establish an essential element of his case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). In evaluating the summary judgment motion, the Court must read the facts in the light most favorable to the non-moving party. Anderson, 477 U.S. at 255, 106 S.Ct. at 2513.

This motion requires the Court to determine whether, under any theory of law, a seaman may recover for purely emotional injuries under the Jones Act and general maritime law if he suffered no physical contact. It is an issue that has been a frequent caller to the Fifth Circuit’s door, but has yet to be invited in to sit at the table.

B.

Although the Jones Act grants a cause of action for any seaman who, in the course of his employment, suffers death or “personal injury,” see 46 U.S.C. app. § 688(a), there is no indication whether the Act encompasses purely emotional harm. The Supreme Court has been particularly vague on the question, observing in a case under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (the doctrinal basis for the Jones Act) that

the question whether one can recover for an emotional injury may not be susceptible to an all inclusive “yes” or “no” answer. As in other areas of the law, broad pronouncements in this area may have to bow to the precise application of developing legal principles to the particular facts at hand.

See Atchison, Topeka, and Santa Fe Railway Co. v. Buell, 480 U.S. 557, 570, 107 S.Ct. 1410, 1418, 94 L.Ed.2d 563 (1987). The Court went on to suggest that the appropriate place to begin this determination would be the common law. Buell, 480 U.S. at 568, 107 S.Ct. at 1417. But the common law has hardly been outreaching with answers. See Note, 66 Tulane L.Rev. 1540 (1992).

While the Supreme Court’s decision in Buell has been interpreted as an invitation to consider whether one may recover under FELA and the Jones Act for purely emotional injuries, most circuits have viewed such an extension of traditional tort doctrine with suspicion or distaste. They have clearly preferred the presence of a physical impact or contact. See Hammond v. Terminal R.R. Ass’n of St. Louis,

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813 F. Supp. 436, 123 A.L.R. Fed. 823, 1993 A.M.C. 1617, 1993 U.S. Dist. LEXIS 2054, 1993 WL 43614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anselmi-v-penrod-drilling-corp-laed-1993.