Champagne v. M/V Cover Station

508 So. 2d 881, 1987 La. App. LEXIS 9660
CourtLouisiana Court of Appeal
DecidedJune 1, 1987
DocketNo. 87-CA-104
StatusPublished
Cited by1 cases

This text of 508 So. 2d 881 (Champagne v. M/V Cover Station) 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
Champagne v. M/V Cover Station, 508 So. 2d 881, 1987 La. App. LEXIS 9660 (La. Ct. App. 1987).

Opinion

KLIEBERT, Judge.

James E. Champagne, plaintiff, takes this appeal from the granting of a motion for summary judgment dismissing his claim for personal injuries and damages against Continental Reserve Elevator Corporation (Continental) and its Jones Act insurer, Eagle Star Insurance Company of America (Eagle) under the Jones Act (46 U.S.C. § 688) and the general maritime law, and Section 5(b) of the LSHWCA (33 U.S.C. 901 et seq.).

In his reasons for judgment the trial judge reached the following conclusion as to the nature of the structure on which plaintiff was working at the time of his injury:

“Based on plaintiff's deposition, and the affidavit of O.J. Mabile, the court finds that there are no contested issues of material fact as to the nature and purpose of the cover station. It consists of two barges lashed together to form a work platform. The barges more or less permanently moored to the bank of the river by cables, and further fixed in place by two spuds which run through the [883]*883deck and hull, and into the river bed. A crane is mounted on one of the barges. The function of this structure is to remove covers from grain barges by means of the crane, and stack them on the other barge while the grain barges are being loaded or unloaded. The barges are without power or navigational lights. They are not used to transport men, cargo, or equipment from place to place.”

Based on that finding, the trial judge then reached the following legal conclusion:

“On this showing the court can only conclude that as a matter of law this structure is not a ‘vessel’ as that term is applied in Jones Act or general maritime law. Bernard v. Binnings Constr. Co., Inc., 741 F.2d 824 (5th Cir.1984); Cook v. Belden Concrete Products, Inc., 472 F.2d 999 (5th Cir.1973); Leonard v. Exxon Corp., 581 F.2d 522 (5th Cir.1978). Because plaintiff was thus not employed on a ‘vessel’ he has no action under either the Jones Act or general maritime law, and defendants are therefore entitled to summary judgment as a matter of law.”

From our review of the record we cannot say the trial judge erred in his findings as to the nature and purpose of the structure. Moreover, based on our understanding of the applicable law, we cannot say the trial judge erred in his application thereof. Hence, for the reasons hereafter stated, we affirm his decision.

The Jones Act requirement for seaman’s status is distinct from the test for seaman’s status under general maritime law. To qualify as a seaman under the Jones Act, one must be permanently assigned to a vessel (including special purpose structures not usually employed as a means of transport by water but designed to float on water) or perform a substantial part of his work on the vessel, and the capacity in which he is employed or the duties which he performs must contribute to the function of the vessel or to the accomplishment of its mission, or to the operation or welfare of the vessel in terms of its maintenance during its movement or during anchorage for its future trips.’ Offshore Company v. Robison, 266 F.2d 769 (5th Cir.1959); Barrett v. Chevron, U.S.A., Inc., et al, 781 F.2d 1067 (5th Cir.1986) (en banc). Recovery under the general maritime law for unseaworthiness requires either crew member status or injury aboard a vessel while doing a seaman’s work. Powers v. Bethlehem Steel Corp., 477 F.2d 643 (1st Cir.1973) rehearing denied 483 F.2d 963, cert. denied 414 U.S. 856, 94 S.Ct. 160, 38 L.Ed.2d 106; Griffin v. LeCompte, 471 So.2d 1382 (La.1985). Under 33 U.S.C. § 905(b) a person otherwise covered under the LSHWCA may bring a tort action against a vessel if he was injured through the negligence of the vessel. Thus, to recover under the Jones Act, the general maritime law, or 33 U.S.C. § 905(b) a plaintiff must have some connexity to a “vessel” and therein lies the heart of the issue raised on the appeal.

The question of seaman status under both the general maritime law and the Jones Act is one of fact, and is ordinarily reserved for the fact finder. See Waguespack v. Aetna Life & Casualty Company, 795 F.2d 523 (5th Cir.1986): Griffin, supra. However, in Waguespack, supra, at 526, the court stated:

“This court’s recent en banc decision in Barrett v. Chevron, U.S.A., Inc., 781 F.2d 1067 (5th Cir.1986) disposes of two of Waguespack’s contentions. First, Barrett states that although the seaman status determination is an inherently factual question, it may be determined by summary judgment in the appropriate situation. ‘[W]here the facts establish beyond question as a matter of law [the lack of seaman status], ... a court ... may, in the proper case, hold that there is no reasonable evidentiary basis to support a jury finding that the injured person is a seaman_’ Guidry v. Continental Oil Co., 640 F.2d 523, 529 (5th Cir.) cert. denied, 454 U.S. 818, 102 S.Ct. 96, 70 L.Ed.2d 87 (1981), quoted in Barrett, 781 F.2d at 1074.”

The federal standard does not appear to be any different than that set forth in La.C. C.P. art. 966 and the jurisprudence there[884]*884under, which provides that summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact, and that mover is entitled to judgment as a matter of law.

The federal district courts have not hesitated to issue summary judgment where the facts establish beyond question that there is no reasonable evidentiary basis to support a jury finding that the injured person is a seaman. Waguespack, supra, presented a factual scenario very similar to the present one, as shown by the following excerpt:

“Waguespack was employed by Peavey in 1979 as a laborer, but shortly afterward began work as a ‘bargeman.’ His work consisted of removing the covers of grain barges after they entered the unloading slip, and replacing those covers once the grain had been removed by a mechanical arm.

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508 So. 2d 881, 1987 La. App. LEXIS 9660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/champagne-v-mv-cover-station-lactapp-1987.