Groton Pacific Carriers, Inc. v. Jackson

149 So. 3d 596, 2014 A.M.C. 937, 2014 WL 590311, 2014 Ala. LEXIS 20
CourtSupreme Court of Alabama
DecidedFebruary 14, 2014
Docket1120613
StatusPublished

This text of 149 So. 3d 596 (Groton Pacific Carriers, Inc. v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Groton Pacific Carriers, Inc. v. Jackson, 149 So. 3d 596, 2014 A.M.C. 937, 2014 WL 590311, 2014 Ala. LEXIS 20 (Ala. 2014).

Opinion

MAIN, Justice.

Groton Pacific Carriers, Inc. (“Groton Pacific”), and International Tanker Management Holding LTD. (“ITM”) appeal from a judgment in the amount of $4,851,125 entered in favor of Carl Jackson, as personal representative of the estate of Carl L. Williams, deceased, and as next friend of Camren Lamarcus Williams, Jayden Eugene Williams, and Cartez La-bruce Williams, minors; and Edward L. Purdue. We reverse and remand.

I. Facts and Procedural History

This appeal arises from an accident that occurred on the Mobile River. Purdue and Williams were working for Mo-Bay Shipping Services, Inc. (“Mo-Bay”), as line handlers. Mo-Bay provides line-handling services to vessels docking and undocking at various terminals in the Port of Mobile. Mo-Bay’s line handlers retrieve the mooring lines from vessels and secure the lines to shore-side bollards or offshore mooring dolphins.1 Although Mo-Bay’s line-handling services are typically performed by employees working dockside, its operation often requires the use of small boats to run out to retrieve the mooring lines from a vessel and then to transport and secure the lines to mooring dolphins or shore-side bollards. Mo-Bay maintains a small fleet of two-man motorized 17-foot boats for use in its line-handling services.

Purdue and Williams sometimes worked on these line-handling boats. On June 19, 2008, they were dispatched by Mo-Bay to meet the MT Glenross, an ocean-going tanker; they were to use a Mo-Bay boat to transport the Glenross ⅛ steel mooring lines from where the Glenross was anchored to shore-side bollards located a few hundred yards away. The accident occurred while Purdue and Williams were handling one of the Glenross’s mooring lines. The mooring line, a steel cable, was lowered to Purdue and Williams, who secured the line to the Mo-Bay boat. After the line was secured to the boat, Williams yelled up for the Glenross’s crew to let out more slack so the boat could pull the line toward shore. Rather than more line letting out, however, the line began to “heave in” or retract. As a result of either a mechanical problem with the ship’s winch or improper operation of the winch by the Glenross’s crew, the mooring line continued to be reeled in, and the boat Williams and Purdue were in, which was connected to the line, was pulled out of the water and up the side of the Glenross ⅛ hull. Williams and Purdue held onto the boat as it was lifted from the water. The boat, however, broke free from the line, fell into the river, and capsized. Williams and Purdue, who were not wearing life vests, fell into the water. Purdue was able to climb atop the capsized boat and was rescued. Williams, who could not swim, drowned.

On October 28, 2008, Purdue and Jackson, as personal representative of Williams’s estate and as next of friend of Williams’s minor children, filed this action in the Mobile Circuit Court. The complaint named Purdue and Williams’s employer, Mo-Bay, as a defendant. The complaint also named the Glenross’s managers, Groton Pacific and ITM, and its [600]*600owner, Cypress Glennross, LLC (“Cypress”), as defendants.

Count one of the complaint alleged that Purdue and Williams were “Jones Act seamen” and asserted a Jones Act, 46 U.S.C. § 30104, claim against Mo-Bay. The complaint asserted that Mo-Bay had failed to provide appropriate safety equipment, including life preservers and safety devices designed to release an attached mooring line from the line-handling boat before the boat is picked up from the water. Count one additionally alleged general maritime-law claims of negligence and unseaworthiness against Groton Pacific, ITM, and Cypress. Count one also made an alternative claim that Purdue and Williams were longshoremen and/or harbor workers entitled to recover from Groton Pacific, ITM, and Cypress under the Longshore and Harbor Workers’ Compensation Act (“the LHWCA”), 38 U.S.C. § 901 et seq.

Count two of the complaint asserted claims under Alabama law, including a wrongful-death claim. The complaint conceded that the claims in count two were made to preserve those claims “[i]n the unlikely event that the Court should decide that these claims do not fall within the maritime and admiralty jurisdiction of the United States.” Count two was voluntarily dismissed before trial.

Mo-Bay denied that Purdue and Williams were Jones Act “seamen” and moved for a summary judgment, arguing that Purdue and Williams were instead harbor workers covered by the LHWCA and thus unable to sue Mo-Bay because harbor workers may recover only compensation benefits from their employer. In support of its motion for a summary judgment, Mo-Bay submitted the affidavit testimony of the president of Mo-Bay, William Lott. Lott testified regarding the duties of Mo-Bay’s line-handling personnel and also testified specifically regarding Purdue’s and Williams’s work for Mo-Bay. Lott testified, in part:

“4. Typically, Mo-Bay is contacted by the agent for an incoming or outgoing vessel and is informed of how many, at what time and at what location line handlers are needed for docking or un-docking. Mo-Bay then contacts its line handlers and instructs them to report to said location at said time in order to perform the line handling. In some instances, the line handlers report to Mo-Bay’s office where a van will transport the workers to the specified dock....
“5. Certain terminals in the Port of Mobile have positioned some of their mooring bollards, not on shore, but on top of mooring dolphins located a short distance from the shore.... While some of these dolphins are so near the shore that they could be accessed by a line handler from shore, the normal practice is to put two or three line handlers in a small line handling boat, but then drive out to the dolphin_Once at the dolphin, one of the line handlers will then climb onto the dolphin while the other line handlers will receive the ship’s lines and transport them to the dolphin where the lines are secured to the bollard by the line handler on the dolphin.... On this type of job, another Mo-Bay crew of line handlers will also be simultaneously handling lines on the dock.
“6. On each job, whether a particular line handler is assigned to work with the shore side crew or with a line handling boat crew is left completely up to the Mo-Bay management or the men working that specific job. No line handlers are ‘assigned’ as crew members of a line handling boat and each individual line handler is subject to being put on the shore or in the line handling boat.
“7. If required to work from a line handling boat, on average, and including [601]*601the travel time from shore to the vessel and back, line handlers would spend approximately one to one and one-half hours in the line handling boat. If, on a particular job, a line handler was assigned to work from the mooring dolphin, he would then only spend the travel time in the boat. These line handlers were never required to work beyond the confines of The Mobile River or terminals located along Mobile Bay.
“8. At no time are any line handlers required to sleep or eat their meals aboard a line handling boat. Each line handler is free to return to his home or desired destination at the completion of each line handling job.

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

Related

Sharp v. Johnson Bros. Corp.
973 F.2d 423 (Fifth Circuit, 1992)
Sea-Land Services, Inc. v. Gaudet
414 U.S. 573 (Supreme Court, 1974)
Miles v. Apex Marine Corp.
498 U.S. 19 (Supreme Court, 1990)
McDermott International, Inc. v. Wilander
498 U.S. 337 (Supreme Court, 1991)
Southwest Marine, Inc. v. Gizoni
502 U.S. 81 (Supreme Court, 1991)
Chandris, Inc. v. Latsis
515 U.S. 347 (Supreme Court, 1995)
Harbor Tug & Barge Co. v. Papai
520 U.S. 548 (Supreme Court, 1997)
Kevin Scheuring v. Traylor Brothers, Inc.
476 F.3d 781 (Ninth Circuit, 2007)
Continental Nat. Indem. Co. v. Fields
926 So. 2d 1033 (Supreme Court of Alabama, 2005)
Frazier v. Core Industries, Inc.
39 So. 3d 140 (Supreme Court of Alabama, 2009)
Delange v. Dutra Construction, Co.
183 F.3d 916 (Ninth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
149 So. 3d 596, 2014 A.M.C. 937, 2014 WL 590311, 2014 Ala. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groton-pacific-carriers-inc-v-jackson-ala-2014.