Hayles v. Sonat Exploration Co.

868 So. 2d 276, 2004 WL 585833
CourtLouisiana Court of Appeal
DecidedMarch 3, 2004
Docket2002-CA-1890
StatusPublished
Cited by2 cases

This text of 868 So. 2d 276 (Hayles v. Sonat Exploration Co.) 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
Hayles v. Sonat Exploration Co., 868 So. 2d 276, 2004 WL 585833 (La. Ct. App. 2004).

Opinion

868 So.2d 276 (2004)

Terry Lynn HAYLES
v.
SONAT EXPLORATION COMPANY, Applied Coating Services, Inc. and Southern Natural Gas Company.

No. 2002-CA-1890.

Court of Appeal of Louisiana, Fourth Circuit.

March 3, 2004.
Rehearing Applications Denied April 7, 2004.

*278 Robert J. Young, Jr., Young, Richaud & Myers, New Orleans, LA, for Plaintiff/Appellee.

David L. Reisman, Michael A. Golemi, Liskow & Lewis, New Orleans, LA, for Defendants/Appellants, Southern Natural Gas Co. and Zurich American Insurance Co.

H.F. Foster, III, Hugh M. Glenn, Jr. Bienvenu, Foster, Ryan and O'Bannon, New Orleans, LA, for Intervenor/Appellant, Zurich American Insurance Co.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY, Judge Pro Tempore MOON LANDRIEU).

MICHAEL E. KIRBY, Judge.

The plaintiff, a paint foreman and roustabout by trade, injured his back on a platform in the Gulf of Mexico while lifting a spool piece within the course and scope of his work. After receiving workmen's compensation, the plaintiff, alleging to be a Jones Act seaman, sued his employer and its insurer. The trial court found the plaintiff was a Jones Act Seaman, and awarded him over one million dollars. We find the trial court committed a legal error by excluding impeachment evidence and it was manifestly erroneous in finding the plaintiff to be a seaman. Therefore, we reverse the trial court.

STATEMENT OF THE FACTS

On March 8, 1999, Terry Hayles was working on the Vermillion 149 fixed platform of Southern Natural Gas Company ("SNG"). Mr. Hayles alleges he injured his back while helping to lift a section of pipe, called a spool piece, on the platform. At the time of the incident Mr. Hayles was a payroll employee of Applied Coating Services, Inc. ("Applied Coating"), performing roustabout[1] work on the platform.

The plaintiff saw physicians for his lower back problems, but no surgery was ever performed.

Terry Hayles filed suit against SNG and Zurich American Insurance Company ("Zurich"). Zurich was the workmen's compensation insurer of Applied Coating and had paid medical expenses and workmen's compensation benefits to plaintiff as a result of the alleged accident pursuant to the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq.

At issue in the suit is whether the plaintiff is a Jones Act seaman, thereby allowing him to sue his employer. If the plaintiff does not quality as a Jones Act seaman, then he has no action against his employer and the workmen's compensation claim is his sole remedy for injury.

ACTION OF THE TRIAL COURT

On February 15, 2001, the trial court granted the plaintiff's motion for summary judgment declaring that Mr. Hayles was a Jones Act seaman. The trial court ruled in favor of the plaintiff despite deposition *279 and affidavit testimony from four witnesses that the plaintiff (1) was permanently assigned to a fixed platform, (2) spent no more than 20% of his work time aboard any vessel, (3) had no vessel related duties, and (4) was employed solely for the purpose of servicing, repairing and maintaining fixed platforms. We granted the writ application of the defendant, SNG, and reversed the trial court's ruling. On April 15-18, 2002, a bench trial occurred, after which the trial court again found the plaintiff was a Jones Act seaman. The trial court also found SNG was negligent and awarded damages of over One Million Dollars ($1,128,311.48).

ASSIGNMENTS OF ERROR

The defendants/appellants assign several errors to the trial court. First, they deem clearly wrong and manifestly erroneous the trial court's refusal to admit the plaintiff's social security disability application to impeach the plaintiff's testimony. Second, they assert the trial court committed manifest error and was clearly wrong in finding that the plaintiff was a Jones Act seaman. Third, they claim the trial court was manifestly erroneous and clearly wrong in finding SNG negligent for asking an experienced roustabout to lift a piece of equipment weighing about 50 pounds, and in failing to allocate any fault to the roustabout or his employer. Fourth, they aver the trial court abused its discretion in awarding $325,000 in pain and suffering damages in this unoperated back case in which the independent medical examiner concluded that Hayles was a malingerer with no physical impairment or limitations. Also, Hayles was videotaped engaging in physical activity just three days before he testified that he had been unable to engage in any physical activity for more than eight months. The defendants assign error to several other of the trial court's findings concerning plaintiff's failure to mitigate damages, travel expenses and the award of pre-judgment interest on awards of future damages.

STANDARD OF REVIEW

Appellate courts review factual findings under the manifest error rule. Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La.1993).

DISCUSSION:

At trial, Hayles testified that he spent sixty percent (60%) of his work time operating, maintaining, repairing, and cleaning a vessel. To impeach Hayles, Southern Natural sought to use a Social Security Form (the "Form") filled out by Hayles in connection with his application for Social Security Disability Benefits. The Form required Hayles to detail his daily job duties. The Form was properly authenticated: Hayles identified it as "what I filled out for disability." La.Code Evid. Art. 901(B)(1). The Form is not hearsay, rather it is an admission of a party opponent. La.Code Evid. Art. 801(D)(2)(a). The Form directly contradicted Hayles' trial testimony in which he said he worked on the engines and generators, drove the boat, handled lines, fixed water pumps, and cleaned the boat. On the other hand, in response to the question on the Form "What did you do all day in this job?", Hayles stated: "lift heavy weight, filled out paperwork, climbed a lot of stairs, operated crane."

The trial court excluded the Social Security Form stating: "I don't want to hear anything about social security." It is clear from the record that the Form is relevant and probative as concerns Mr. Hayles' job description, it also aids in evaluating the veracity of Mr. Hayles' self-serving testimony. The Form falls within the ambit of La.Code Evid. Art. 801(D)(2)(a). The trial court was clearly erroneous in excluding it. Thus, we find the trial court's exclusion *280 of the Social Security Form from the record to be legally erroneous.

In any event, our review of the record reveals that even if the Form had not been excluded the trial court would have been manifestly erroneous and clearly wrong in finding plaintiff to be a seaman.

As the La. Supreme Court recognized in Stobart, supra:

However, where documents or objective evidence so contradict the witness's story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable factfinder would not credit the witness's story, the court of appeal may find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination.

Stobart 617 So.2d at 882.

As our discussion reveals below, the record reasonably supports one finding alone: plaintiff was a roustabout working on a platform, and not entitled to an action under the Jones Act.

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868 So. 2d 276, 2004 WL 585833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayles-v-sonat-exploration-co-lactapp-2004.