Daigle v. Coastal Marine, Inc.

500 So. 2d 823, 1986 La. App. LEXIS 8402
CourtLouisiana Court of Appeal
DecidedDecember 23, 1986
DocketNo. CA 84 1187
StatusPublished
Cited by4 cases

This text of 500 So. 2d 823 (Daigle v. Coastal Marine, 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
Daigle v. Coastal Marine, Inc., 500 So. 2d 823, 1986 La. App. LEXIS 8402 (La. Ct. App. 1986).

Opinion

LOTTINGER, Judge.

This maritime personal injury suit filed in state court pursuant to the “Saving To Suitors” clause of 28 U.S.C. § 1333(1) has been remanded to this court by the Louisiana Supreme Court for reconsideration and decision in light of our constitutional authority to review the law and the facts. Article 5, § 10(B) La. Const.

FACTS

Suit was filed by Robert S. Daigle, his wife and four children against Coastal Marine, Incorporated (Coastal), Union Oil Company of California (Union), Transworld Drilling Company (Transworld), and the M/V C/SOVEREIGN in rem.1 Home Insurance Company intervened seeking return of worker’s compensation benefits and medical expenses paid to and on behalf of Robert S. Daigle as the compensation insurer of Daigle’s employer.

The plaintiff, Robert S. Daigle, was employed by Heitman Oilfield Supply Co., Inc., on March 20, 1982, the date of the accident. Heitman builds and manufactures drilling mud monitoring equipment, which warns of a possible blow out on an oil rig. Daigle was employed by Heitman to go to the rigs and install and pick up the equipment. His mission on the day of the accident was to off-load Heitman equipment onto Transworld 64, a Union rig out of Intracoastal City, Louisiana. His transportation to the rig was the M/V C/SOVEREIGN owned by Coastal. This was Dai-gle’s first trip aboard the C/SOVEREIGN and the first time he made the 12 hour run to Rig 64. The captain of the vessel was Otis Hebert, who was employed by Coastal. Captain Hebert’s wife was also aboard the vessel. The C/SOVEREIGN is a 100 foot [825]*825crew boat with quarters for passengers on the main deck and bunks on a lower deck.

The vessel left the dock at 4 o’clock A.M., and the accident happened late that afternoon about 12 hours later some 90 miles offshore. The plaintiff testified that the seas were getting rough, and he decided to go downstairs to lie down because he was feeling sea-sick. To go down to the bunks, the plaintiff used a stairway located to the rear of the C/SOVEREIGN. As he went down the stairway, he fell and injured his back. The plaintiff testified he slipped because it was dark at the bottom of the stairs, the seas were rough, and his left foot slipped out from under, him.

TRIAL COURT

A jury returned a special verdict finding Daigle 60% at fault, Coastal 10% at fault, and unknown or absent persons or corporations 30% at fault. Additionally, the jury found the total amount of damages suffered by Daigle, without making any reduction for his sub-standard conduct, was $250,832.

Prior to trial, the trial court ruled it would allow the use of prior claims evidence for impeachment purposes. After the trial, but prior to submission of the case to the jury, the trial court granted a directed verdict in favor of Union.

After the return of the special verdict, the trial judge ruled Coastal liable for the 30% of fault attributable to the unknown or absent parties in addition to its own 10% of fault, recognized the intervention of Home Insurance Company, and ultimately awarded Daigle the sum of $100,334, as reduced by plaintiff’s percentage of fault.

ORIGINAL APPEAL

In the original appeal to this court, which is reported at 482 So.2d 749 (La.App. 1st Cir.1985), we held that the trial court was correct in its granting of the directed verdict in favor of Union but in error in its allowing of prior claims evidence. We further held that our review role was limited to either accepting or rejecting the jury verdict without the benefit of amending the verdict. Because of our determination that the prior claims evidence was prejudicial, we remanded for a new trial.

SUPREME COURT ACTION

In Daigle v. Coastal Marine, Inc., 488 So.2d 679 (La.1986), the Supreme Court held this court was in error as to the determination of the scope of appellate review, and thus remanded to this court for a decision on the appeal.

ASSIGNMENTS OF ERROR

In appealing, Coastal argues that the trial court erred in ruling that Coastal was responsible for the fault of absent tort-feasors.

Plaintiff answered the appeal contending the trial court erred:

1) in allowing the defendant, over the objection of the plaintiff, to introduce evidence of prior claims made by the plaintiff which evidence seriously prejudiced the plaintiff and caused the jury to disbelieve the plaintiff’s complaints of pain and suffering in his version of the accident;

2) in assessing the percentage of fault to plaintiff;

3) in the amount of the award of damages; and

4) in granting a directed verdict in favor of Union.

I

In contending that the trial court erred in holding Coastal liable for the fault attributable to unknown or absent parties, Coastal admits that general maritime law governs maritime occurrences and that state law must yield to the uniformity of the maritime law. However, Coastal contends that this limitation does not rule out the possi-bilty of the application of state law in certain instances citing United States v. Reliable Transfer Company, Inc., 421 U.S. 397, 95 S.Ct. 1708, 44 L.Ed.2d 251 (1975) and Cooper Stevedoring Company, Inc. v. Fritz Kopke, Inc., 417 U.S. 106, 94 S.Ct. 2174, 40 L.Ed.2d 694 (1974) as examples [826]*826where federal jurisprudence concluded maritime law recognizes the doctrine of contribution and apportionment of damages. In addition Coastal cites Leger v. Drilling Well Control, Inc., 592 F.2d 1246 (5th Cir.1979). Coastal concludes that in the absence of a definitive expression of federal maritime law on the subject, La. C.C. art. 2324 as interpreted by this court in Varnado v. Continental Insurance Company, 446 So.2d 1343 (La.App. 1st Cir. 1984) controls.

Initially we note that Leger is not applicable because the question before the court was whether the dollar amount of an award against multiple tortfeasors should be reduced by the dollar amount received by plaintiff in settling with certain defendants, and whether judgment should be rendered against a remaining defendant for the amount of fault attributable to those defendants who previously settled.

In its remand to this court, the Supreme Court, at 488 So.2d 681, very conveniently pointed out in a footnote in mentioning this issue:

This issue is pretermitted for decision by the court of appeal on remand, but see Edmonds v. Compagnie Generale Transatlantique, 443 U.S. 256, 99 S.Ct. 2753, 61 L.Ed.2d 521, reh. den. 444 U.S. 889, 100 S.Ct. 194, 62 L.Ed.2d 126 (1979), where footnote 8 states in pertinent part: “A tortfeasor is not relieved of liability for the entire harm he caused just because another’s negligence was also a factor in effecting the injury. ‘Nor or the damages against him diminished.’ ” 443 U.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mayo v. Nissan Motor Corp.
639 So. 2d 773 (Louisiana Court of Appeal, 1994)
Ronquillo v. Belle Chase Marine Transp.
629 So. 2d 1359 (Louisiana Court of Appeal, 1993)
Giamanco v. Epe, Inc.
619 So. 2d 842 (Louisiana Court of Appeal, 1993)
Prince v. Conoco, Inc.
529 So. 2d 39 (Louisiana Court of Appeal, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
500 So. 2d 823, 1986 La. App. LEXIS 8402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daigle-v-coastal-marine-inc-lactapp-1986.