Bourque v. Gulf Marine Transp., Inc.

480 So. 2d 337, 1985 La. App. LEXIS 10443
CourtLouisiana Court of Appeal
DecidedDecember 11, 1985
Docket84-844
StatusPublished
Cited by16 cases

This text of 480 So. 2d 337 (Bourque v. Gulf Marine Transp., Inc.) 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
Bourque v. Gulf Marine Transp., Inc., 480 So. 2d 337, 1985 La. App. LEXIS 10443 (La. Ct. App. 1985).

Opinion

480 So.2d 337 (1985)

Harmon BOURQUE, Plaintiff-Appellee,
v.
GULF MARINE TRANSPORTATION, INC., et al., Defendants-Appellants.

No. 84-844.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1985.

*338 Lloyd C. Melancon, New Orleans, Woodley & Associates, Clayton Davis, Lake Charles, for defendants-appellants.

Raleigh Newman, Lake Charles, for plaintiff-appellee.

Raymond Jackson of McBride & Foret, Lafayette, for defendant-appellee.

Before DOMENGEAUX, LABORDE and KNOLL, JJ.

KNOLL, Judge.

Chevron U.S.A. Inc. (hereafter Chevron), Gulf Marine Transportation, Inc., (hereafter Gulf Marine), Cameron Crewboats, Inc. (hereafter Cameron), and American Home Assurance Company (hereafter American), the insurer of Gulf Marine and Cameron, appeal a jury verdict in favor of Harmon Bourque for medical expenses, past and future lost wages, pain and suffering, and disability. Chevron contends: (1) there was no evidence showing that any act or omission by it or any defect, deficiency or ruin in its platform caused or contributed to Bourque's injuries; (2) in the alternative, the jury's allocation of fault between Chevron and Gulf Marine was not supported by the evidence; (3) the trial court erred in refusing to award it attorney's fees, costs incurred in defending this action and for indemnity from Gulf Marine and American; and (4) the trial court erred in denying its motion for a new trial because the jury's answers to special interrogatories were irreconcilably inconsistent. Gulf Marine, Cameron and American contend: (1) there was no evidence that their vessel, the M/V Pete McCall, or its crew, was the cause of Bourque's injuries; (2) the jury erred in failing to find Bourque contributorily negligent; and (3) the jury awards for future lost wages and disability were excessive and not supported by the record. Furthermore, appellants all argue that the trial court erred in denying their motions for a mistrial because of prejudicial and improper comments made by Bourque's attorney in closing argument. We affirm.

FACTS

Bourque sustained an injury one hundred miles offshore in the Gulf of Mexico when he attempted to transfer from the M/V Pete McCall to a Chevron platform. The Pete McCall was under time charter from Gulf Marine to Chevron. Bourque was employed as a welder for Danos and Curole Marine Contractors, Inc. (hereafter Danos).

Bourque and his father were unloading supplies and their welding equipment onto the platform and a standby boat. When they were finished, the captain of the Pete McCall positioned the vessel's stern against a ladder which extended from the landing platform down to the water. When Bourque attempted his transfer from the stern of the vessel to the platform's ladder, the Pete McCall rose in the waves crushing his right knee and thigh between the vessel's stern bumper tires and the platform's wooden beams which protected the ladder.

Bourque sued Gulf Marine and Chevron, asserting negligence claims against both, as well as a strict liability claim against Chevron. Chevron filed a third party demand *339 against Gulf Marine, Cameron, Danos and their insurers seeking defense and indemnity for Bourque's claim. Danos filed a petition for intervention seeking reimbursement for the workmen's compensation and medical expenses it paid Bourque.

The jury awarded Bourque $118,562 and allocated fault for the accident in the proportion of 25% to Gulf Marine and 75% to Chevron. Further, Danos was granted its claim for reimbursement, and the third party claims of Chevron against Gulf Marine, Cameron, Danos and their insurers were denied.

LIABILITY AND ALLOCATION OF FAULT

Chevron and Gulf Marine argue that the trial court erred in denying their motions for a directed verdict, judgment notwithstanding the verdict, and new trial. Each contend that Bourque failed to show any act of negligence on their individual part and failed to prove any "ruin" on the Chevron platform but that the other was the sole cause of Bourque's damages. Because of the posture of their arguments, we will address in order the question of possible inconsistency of the jury verdict, liability of the parties, contributory negligence of Bourque and the jury's allocation of fault.

Chevron contends that the jury's responses to verdict interrogatories one and seven are irreconcilably inconsistent and require either a remand of the case for a new trial or our independent appellate review of the questions of liability. We disagree.

Before a jury's response to a verdict interrogatory may be struck down there must be a determination that the responses are inconsistent with the general verdict. Andrepont v. Naquin, 345 So.2d 1216 (La. App. 1st Cir.1977). The verdict sheet provided as follows:

"VERDICT SHEET
1. Was Gulf Marine Transportation, Inc. negligent in connection with the plaintiff's accident and, if so, was this negligence a legal cause of the plaintiff's injuries?
YES X NO ____
2. Was Chevron U.S.A., Inc. negligent in connection with the plaintiff's accident and, if so, was this negligence a legal cause of the plaintiff's injuries?
YES X NO ___
3. Was Danos & Curole Marine Contractors, Inc. negligent in connection with the plaintiff's accident and, if so, was this negligence a legal cause of the plaintiff's injuries?
YES___ NO X
4. Was there a defect present in Chevron's Platform 564A posing an unreasonable risk of harm and, if so, was this defect a legal cause of the plaintiff's injuries?
YES X NO ___
If your answer to all of the above is "no", proceed no further. If your answer to any of the above is "yes", proceed to the next question.
5. Was the plaintiff, Harmon Bourque, negligent in connection with his accident and, if so, was his negligence a legal cause of his injuries?
YES ___ NO X
6. To what extent, if any, was each of the parties at fault for the accident?
GULF MARINE TRANSPORTATION, INC. 25 % CHEVRON U.S.A., INC. 75 % DANOS & CUROLE MARINE CONTRACTORS, INC. 0 % HARMON BOURQUE 0 %
7. Did the accident arise out of and occur in connection with the management, navigation and operation of the M/V PETE McCall?
YES ___ NO X
8. What damages did the plaintiff suffer as a result of his accident(s)?
SPECIAL DAMAGES: Medical Expenses $ 1562.00 Past Wages $ 10,000.00 Future Wages $ 72,000.00 Other (specify) ______ *340 _____________ _________________ $_____________ GENERAL DAMAGES: Pain & Suffering $ 5,000.00 Disability $ 30,000.00

The alleged inconsistency between the answers to interrogatories one and seven was not called to the attention of the trial court at the reading of the verdict nor alluded to in any of Chevron's post-trial motions.

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Bluebook (online)
480 So. 2d 337, 1985 La. App. LEXIS 10443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourque-v-gulf-marine-transp-inc-lactapp-1985.