Gates v. Shell Offshore, Inc.

881 F.2d 215, 1989 WL 90020
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 29, 1989
DocketNo. 88-3414
StatusPublished
Cited by11 cases

This text of 881 F.2d 215 (Gates v. Shell Offshore, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gates v. Shell Offshore, Inc., 881 F.2d 215, 1989 WL 90020 (5th Cir. 1989).

Opinion

DUHE, Circuit Judge:

I. Facts and Procedural History

This case is before us for the second time. In Gates v. Shell Oil, 812 F.2d 1509 (5th Cir.1987) (“Gates I”), we reversed the trial court’s grant of Shell’s motion for judgment notwithstanding the verdict and affirmed its alternative grant of Shell’s motion for a new trial. Since a detailed recitation of the facts is found in Gates I, we only reiterate those facts that bear significantly on the present appeal.

In 1982, Shell hired Total Services, Inc. (“TSI”) to install piping on its platform that was under construction on the Outer Continental Shelf (“OCS”) off the Louisiana coast. Gates, a TSI pipefitter, injured his back when he and Louis Erwin, a Shell employee, tried to lift and move a valve assembly. Gates sued Shell under the Outer Continental Shelf Lands Act (“OCSLA”), 43 U.S.C. 1331-1356, claiming that Erwin caused his injuries by negligently ordering him to pick up the valve assembly.

Substantially the same evidence was presented at both the first and second trial. Gates’s account of the accident is as follows:

[Erwin] came up to me and asked if I needed any help with this valve, and I told him no, that I was waiting. He just turned around and started walking away, and he come back for me and then he told me, “Come on, me and you can lift this valve.” ... I grabbed a hold of it and he grabbed it [and as we lifted, I hurt my back].

There was testimony from a TSI employee that “Shell people working on the platform could tell any contractor or anybody else that was working on there what to do.” Erwin testified that he was only trying to assist Gates because it appeared that he was trying to move the valve by himself.

At the conclusion of the second trial the jury found Shell negligent and Gates con-tributorily negligent. On Shell’s motion, the trial court disallowed prejudgment interest on the future damages awarded. Gates appeals.

At the conclusion of Gates’ case and its own, Shell’s motions for a directed verdict were denied. After the verdict, Shell moved for JNOV or, alternatively, for a new trial. These motions were likewise denied. Shell cross-appeals.

II. Directed Verdict, J.N.O.V, and New Trial

A directed verdict or JNOV should only be granted when the facts and inferences point so strongly and overwhelming[217]*217ly in favor of the moving party that reasonable persons could not arrive at a contrary verdict. Boeing Co. v. Shipman, 411 F.2d 365, 374 (5th Cir.1969) (en banc).

Shell argues that Erwin’s conversation with Gates immediately prior to Gates’ accident is insufficient to support a finding of negligence. In Gates I, this Court stated:

Upon review of all the evidence, we find that a reasonable jury, viewing the evidence most favorably to Gates, could have found that Shell was negligent and that its negligence proximately caused Gates' injury.
Specifically, the jury could have believed that Erwin ordered Gates to lift the valve, that Gates reasonably believed that he had to obey Erwin’s order, and that Erwin should have known that the valve was too heavy for the two of them to lift safely.

Id. at 1512.

Our decision in Gates I that Erwin’s conversation with Gates was sufficient to create a jury question “establishes the ‘law of the case’ and must be followed in all subsequent proceedings in the same case at both the trial and appellate levels unless the evidence at a subsequent trial was substantially different, the controlling authority has since made a contrary decision of law applicable to such issues, or the decision was clearly erroneous and would work a manifest injustice.” Schexnider v. McDermott Intern. Inc., 868 F.2d 717, 718-19 (5th Cir.1989) (citing White v. Murtha, 377 F.2d 428, 431-32 (5th Cir.1967)); see also Williams v. City of New Orleans, 763 F.2d 667, 669 (5th Cir.1985).

The evidence adduced at the second trial concerning Erwin’s “order” was substantially the same as the evidence we found sufficient to create a jury issue in Gates I, the controlling law has not changed, and no manifest injustice would result by rejecting Shell’s appeal. We therefore affirm the trial court’s denial of Shell’s directed verdict and JNOV motions.

We also affirm the trial court’s denial of Shell’s motion for a new trial. The trial courts decision on a new trial motion for lack of evidentiary support is subject to review only for an abuse of discretion, Spurlin v. General Motors Corp., 528 F.2d 612, 620 (5th Cir.1976), and the trial court may not grant a new trial unless the verdict is “against the great weight of the evidence.” See generally 11 C. Wright & A. Miller, Federal Practice and Procedure § 2806 (1973). In support of its argument, Shell contends that evidence of TSI’s negligence was ignored by the jury. As factfinder, the jury is entitled to disbelieve this evidence. Here, we find that the trial court did not abuse its discretion. The same evidence that supports the trial court’s denial of Shell’s motions for a directed verdict and JNOV support the denial of Shell’s motion for a new trial.

III. Jury Instructions

The trial court charged the jury as follows:

The plaintiff asserts a claim for damages against the defendant Shell Offshore ... for negligence ... in its capacity as a platform owner. Specifically, the plaintiff contends that the defendant’s conduct was negligent in that the defendant failed to exercise ordinary care under the circumstances to furnish the plaintiff with a reasonably safe place in which to work. The plaintiff claims that the defendant was negligent in one or more of the following particulars. One, that the defendant was negligent in improperly ordering the plaintiff to lift the valve assembly and two, that having ordered the plaintiff to lift the valve, defendant was negligent in failing to provide reasonable assistance to plaintiff to lift the valve assembly. The word order means any instruction or direction that under all the circumstances a prudent man should reasonably foresee that a reasonable person would comply with. An order does not have to be in writing or take any particular form.

First, Shell complains that the trial court erred by charging that Shell could be found negligent for “fail[ing] to exercise ordinary care under the circumstances to furnish the [218]*218plaintiff with a reasonably safe place to work.” Even if we accept, arguendo,

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881 F.2d 215, 1989 WL 90020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-shell-offshore-inc-ca5-1989.