Crochet v. ABC Insurance

777 F. Supp. 498, 1991 U.S. Dist. LEXIS 19484, 1991 WL 238694
CourtDistrict Court, W.D. Louisiana
DecidedNovember 8, 1991
DocketCiv. A. No. 89-1892
StatusPublished
Cited by1 cases

This text of 777 F. Supp. 498 (Crochet v. ABC Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crochet v. ABC Insurance, 777 F. Supp. 498, 1991 U.S. Dist. LEXIS 19484, 1991 WL 238694 (W.D. La. 1991).

Opinion

OPINION

TRIMBLE, District Judge.

Plaintiffs, Alden Crochet and Ruth Crochet, seek damages allegedly resulting from an accident that occurred on the evening of December 14, 1988 while Alden Crochet was employed by Citgo Petroleum Corporation as a pipefitter. One of Mr. [499]*499Crochet’s duties was to connect flow lines on barges docked at Citgo’s Lake Charles refinery to receive product from Citgo. Plaintiffs accident allegedly occurred on one of two barges owned by defendant Scott Chotin situated at Dock “A” of the Citgo facility. Plaintiffs bring this action under 33 U.S.C. § 905(b) predicated on alleged vessel negligence. The parties agree that at the time, Mr. Crochet qualified as a longshoreman and the barges were vessels within the meaning of the statute. Citgo Petroleum Corporation has intervened seeking reimbursement of Longshoremen and Harbor Workers Compensation benefits paid to the plaintiff, if plaintiff should recover in tort.

Summary of Evidence

At the time this accident occurred two barges owned by Scott Chotin, Inc. (Chotin) had, at the direction of Citgo personnel, been docked abreast of each other parallel to “A” dock at about 7:00 P.M., during the hours of darkness. Citgo personnel informed the captain of the towboat pushing the barges that Citgo personnel would perform all connections, including crossover connections. Situated on each Chotin barge, in a location convenient for use in making the crossover (hose connection between the barges) was a hose boom for lifting and maneuvering the crossover hose and a padded hose sling for cradling the hose without damaging it while it was being moved with the booms.

Mr. Crochet was a member of a 4-man crew which was assigned by their superior to hook up the hoses from the loading dock to the barge nearest the dock and between the two barges. These barges were to receive oil from Citgo that had been heated to about 115 degrees Fahrenheit. The first connection was an 8-inch rubber hose that belonged to Citgo between the dock and the inside barge. Following that connection, the crew attempted to connect the hose between the inside and the outside barge. This was a flexible steel hose, 15-20 feet long, with an 8-inch interior diameter, and it had a braided stainless steel exterior. The Citgo crew found the crossover hose already connected to the header on the outside barge, so the only connection necessary was to bolt the swivel flange on the unconnected end of the hose to the header on the inside barge. The hose was lying on the surface of the barge deck, more or less straight out from the header on the outside barge, so it was necessary to bend the hose around into a “U” shape to make the connection. To accomplish this, the Citgo crew put a rope choker around the unconnected end of the hose and attached it to a cable which was in turn attached to a tugger situated on the dock. The tugger operated as a winch, pulling the loose end of the hose around toward the header on the inside barge.

The operation proceeded without incident until they attempted to bolt the swivel flange to the header, and because of a kink of some type in the hose, the swivel flange would not fit flush with the header flange. Mr. Crochet testified that although he had never before used a hose boom, he took one of the slings belonging to Chotin, put it under the hose at about mid-point, and used the hose boom on the inside barge to lift the hose about 3 inches off the floor. The flanges were still misaligned according to crew members Johnson and Gilmore, who were stationed at the header, and he thought he could solve the problem by raising the hose some more. To effect this, he grasped the underside of the hose with both hands and pulled upwards. As he did this, he supported the hose by flexing his knees and resting it on his legs between knees and thighs. As the hose was lowered onto his right leg, one of the wire filaments, referred at trial as a “wicker”, pierced his trousers and entered his flesh. The pain and the weight of the hose caused him to sit down with the weight of the hose on his thighs above his knees, and as he gave way to the pain and the weight he testified that his left knee was twisted and he felt something pop.

Mr. Crochet described the wicker as being about 1 inch long. He had not noticed any protruding wires before this, but he had no difficulty seeing more of the wires sticking out of the bottom side of the hose after the accident. Although counsel for [500]*500plaintiffs attempted to prove deficient lighting a factor in this case, Mr. Crochet himself testified that lighting played no part in the accident and that he was able to see some wires like “kinky hair” on the bottom of the hose after this incident. Mr. Crochet testified that the wire that stuck him was sticking straight out. Mr. Crochet also testified that he did not look along the rest of the hose to determine whether there were any wickers.

As stated above, the court is convinced that light played no part in Mr. Crochet’s accident and the court will focus on plaintiff's other claim that the hose was defective and defendant’s crew failed to warn of any defect. Counsel for plaintiffs contends that stainless steel hoses were inappropriate per se and should not have been used. This contention has no merit. Based upon the testimony of Mr. William Oliver, Chotin’s vice-president in charge of operations; Mr. Warren Jennings, a vice-president of American Hose and Hydraulics, and plaintiffs’ witness, Charles A. Gilmore, the court finds that stainless steel hoses are quite appropriate and are commonly used in the industry. They have the distinct advantage over rubber hoses of being able to withstand much higher heat levels and are far more resistant to rupture. They are, however, more delicate, and require handling in accordance with manual specifications which were provided to the Citgo crew. These specifications, as well as Coast Guard regulations, prohibited dragging unsupported hoses across a nonskid deck or use of a single rope choke instead of a belt sling to support the hose. Mr. Crochet, as was every Citgo employee who testified, was totally unfamiliar with even the company’s own manuals, much less the Coast Guard regulations, pertaining to hoses. Mr. Crochet had worked at this particular job for Citgo for some four years, where he himself testified that his main function was to connect and disconnect hoses on barges at the Citgo docks. He was unquestionably a member of the “dock personnel” to whom the manuals and regulations apply. The court was actually appalled at the virtual absence of training of the Citgo crew as to how to accomplish their dockside tasks. Mr. Crochet himself testified that even when connecting rubber hoses, and pulling them across decks, he had seen chunks gouged out of the hoses. Obviously, a steel hose should be handled with more care because of its comparative lack of elasticity. Crew members Gilmore and Johnson both testified positively that company policy forbade the use of barge equipment in handling the hoses. Billy Hampton, the cargo products inspector for Citgo in December of 1988, also testified that Citgo had to use its own equipment and not barge equipment in handling hoses. On the other hand, Mr. Carey McMillan, Citgo’s shift supervisor who customarily directed Mr. Crochet, testified that if the barge boom was better, their men could use it. Mr.

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Bluebook (online)
777 F. Supp. 498, 1991 U.S. Dist. LEXIS 19484, 1991 WL 238694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crochet-v-abc-insurance-lawd-1991.