Cooper v. Keyes Offshore, Inc.

421 So. 2d 385
CourtLouisiana Court of Appeal
DecidedOctober 12, 1982
Docket15125
StatusPublished
Cited by9 cases

This text of 421 So. 2d 385 (Cooper v. Keyes Offshore, 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
Cooper v. Keyes Offshore, Inc., 421 So. 2d 385 (La. Ct. App. 1982).

Opinion

421 So.2d 385 (1982)

James A. COOPER
v.
KEYES OFFSHORE, INC., Midland Insurance Company and William Yager.

No. 15125.

Court of Appeal of Louisiana, First Circuit.

October 12, 1982.

*387 David W. Robinson, Baton Rouge, for plaintiff-appellee.

William E. Wright, David B. Lawton, New Orleans, for defendants-appellants.

Before EDWARDS, WATKINS and SHORTESS, JJ.

EDWARDS, Judge.

Plaintiff, James A. Cooper, brought this action under the Jones Act, 46 U.S.C.A. § 688, and general maritime law for injuries which he sustained while working as a roughneck aboard the Keyes Rig No. 150, a jack-up oil drilling rig located off the shore of Louisiana in the Gulf of Mexico. Named as defendants were Keyes Offshore, Inc., owner of the rig and plaintiff's employer; Midland Insurance Company, Keyes' liability insurer; and William Yager, employed by Keyes as a tool pusher on the rig.

The district court rendered judgment in favor of plaintiff and against Keyes and Midland in the sum of $183,529.00. Plaintiff's suit against Yager was dismissed. Keyes and Midland have appealed, challenging the factual findings made by the trial court.

Our review of the record reveals the following facts. Cooper was hired as a roughneck by Keyes in March of 1980. Prior to that time, Cooper had worked as a roughneck for a previous employer for a period of approximately two months. The injuries which plaintiff sustained were the result of two accidents which occurred while he was working for Keyes.

On May 2, 1980, Cooper sustained an injury while he was transferring drill pipe from the drill hole to an inclined ramp, located next to what is known as the "V-door." This pipe was in sections thirty feet long and three and one-half inches in diameter. Plaintiff's job was to attach a chain connected to an air hoist to the pipe so that it could be lifted from the "mousehole," a hole located two to three feet from the drill hole. Once the chain was attached, the pipe would be raised by the air hoist operator. Once out of the mousehole, the pipe would swing over toward the ramp located at the V-door. Plaintiff would then push the pipe out so that it was suspended over the ramp and would guide it as the air hoist operator lowered the pipe. On the day of the accident, Cooper had positioned a section of pipe over the ramp and told the air hoist operator to lower it. According to Cooper, the operator lowered the pipe faster than usual. The end of the pipe struck the raised edge of the ramp and bounced to the right, jamming Cooper's hand against a stanchion located at the edge of the ramp. When the accident occurred, plaintiff jerked his body in such a manner as to cause injury to his neck and shoulder.

The second accident occurred on June 27, 1980, while Cooper was engaged in a procedure known as "pulling slips." A slip is a metal, wedge-shaped device which is inserted into the drill hole in order to hold the drill pipe in position when adding or removing pipe. The slip consists of three separate sections joined by two hinges so that it may be wrapped around the pipe and wedged into the drill hole. Each section of the slip has a handle on it. The slip being removed at the time of the accident was estimated to weigh from sixty to ninety pounds. As plaintiff and another crew member were removing the slip from the drill hole, plaintiff lost his balance and fell. Plaintiff landed on his back, aggravating the injury sustained in the previous accident.

On appeal, defendants challenged the factual findings made by the trial court. Defendants contend that the court erred in finding that Keyes' negligence caused either of plaintiff's accidents. Additionally, defendants maintain that it was error for the trial court to find plaintiff free from comparative negligence in the two accidents.

Since defendants' appeal is directed toward the factual findings of the trial court, it is appropriate to set forth the standard of review in a case such as this. Appellate review of a case brought under the Jones Act and general maritime law is governed by Rule 52(a) of the Federal Rules *388 of Civil Procedure.[1]Kratzer v. Capital Marine Supply, Inc., 645 F.2d 477 (5th Cir. 1981).

Although Louisiana courts are constitutionally authorized to review both the law and the facts in civil cases, they may not under federal law and jurisprudence disturb the findings of the trial judge on the merits in such cases unless the findings of the trial judge are clearly erroneous. Melancon v. I.M.C. Drilling Mud, 282 So.2d 532 (La.App. 1st Cir.1973); Kratzer v. Capital Marine Supply, Inc., supra. In McAllister v. United States, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20 (1954), the United States Supreme Court gave the following explanation of the clear error rule:

"A finding is clearly erroneous when `although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.' " 348 U.S. at 20, 75 S.Ct. at 8.

A district court's findings regarding negligence are treated as findings of fact reviewable under the "clearly erroneous" standard. Tucker v. Calmar Steamship Corporation, 457 F.2d 440 (4th Cir.1972).

Appellants urge that the clearly erroneous standard has no application in the instant case because the trial judge adopted the findings of fact and conclusions of law submitted by counsel for the plaintiff, except for quantum. Appellants contend that in light of this action by the trial judge this court is entitled to make an independent evaluation of the facts. See, e.g., Miller v. Smith, 391 So.2d 1263 (La.App. 1st Cir. 1980), aff'd 402 So.2d 688 (La.1981).

As discussed above, the scope of review in this case is governed by federal law and jurisprudence. A number of cases in which the trial judge adopted findings submitted by prevailing counsel hold that nonetheless these findings are considered the trial judge's findings and entitled to the weight mandated by the clearly erroneous rule. See Schwerman Trucking Co. v. Gartland Steamship Co., 496 F.2d 466 (7th Cir.1974), and the cases cited therein. In United States v. El Paso Natural Gas Co., 376 U.S. 651, 84 S.Ct. 1044, 12 L.Ed.2d 12 (1964), the United States Supreme Court stated, with regard to such finding:

"Those findings, though not the product of the workings of the district judge's mind, are formally his; they are not to be rejected out-of-hand, and they will stand if supported by evidence." 376 U.S. at 656, 84 S.Ct. at 1047.

Thus, since the scope of review in the instant case is the same as that applied in federal appellate courts, it follows that the preparation of proposed findings of fact and conclusions of law by participating counsel, and the adoption thereof by the trial judge, are entirely acceptable.[2]

Having disposed of the procedural issues involved, we now turn our attention to the substantive issues. The Jones Act grants to any seaman a cause of action for personal injury caused by his employer.[3]

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Bluebook (online)
421 So. 2d 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-keyes-offshore-inc-lactapp-1982.