Heinhuis v. Venture Associates, Inc.

558 So. 2d 1244, 1990 La. App. LEXIS 338
CourtLouisiana Court of Appeal
DecidedFebruary 21, 1990
Docket89 CW 1236, 89 CW 1258 and 89 CW 1282
StatusPublished
Cited by19 cases

This text of 558 So. 2d 1244 (Heinhuis v. Venture Associates, 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
Heinhuis v. Venture Associates, Inc., 558 So. 2d 1244, 1990 La. App. LEXIS 338 (La. Ct. App. 1990).

Opinion

558 So.2d 1244 (1990)

Bruce HEINHUIS, et al.
v.
VENTURE ASSOCIATES, INC. OF LOUISIANA, et al.

Nos. 89 CW 1236, 89 CW 1258 and 89 CW 1282.

Court of Appeal of Louisiana, First Circuit.

February 21, 1990.
Writ Denied April 16, 1990.

*1245 Stephen M. LaRussa, Houma, for plaintiffs and appellees, Bruce Heinhuis, et al.

Stephen C. Carleton, New Orleans, for defendant and appellee, Chevron U.S.A.

Timothy F. Burr, New Orleans, for defendant and appellee, Venture Associates, Inc.

W. Gerald Gaudet, Lafayette, for defendant and appellee, Norman Offshore Pipelines, Inc.

Before COVINGTON, C.J., and WATKINS and SHORTESS, JJ.

WATKINS, Judge.

This case presents the question of whether a plaintiff loses his statutory right to elect a nonjury trial in an admiralty-general maritime case when he incorporates within his suit a demand against his employer under the Jones Act (46 U.S.C.App. § 688) and an allegedly land-based action for personal injuries.

Plaintiffs (Bruce Heinhuis and his wife, individually and on behalf of their minor children) brought suit in state court for injuries allegedly received by Mr. Heinhuis while he was employed as a seaman aboard a vessel on navigable waters. Plaintiffs' petition relates a typical maritime injury incident. Plaintiff was a member of the crew of the "Delta, I" a barge which, along with the tugboat "M/V Susie Gambarella," was performing work in the Mustang Island Area, Block 758, in the Gulf of Mexico. Plaintiffs allege that despite the approach of Hurricane Florence in September of 1988, defendants waited to evacuate until after the arrival of hurricane-related sea, wind and weather conditions. During the process of pulling anchor, a pendant line which served as a part of the mooring line for an anchor whipped and jerked around, jerking and throwing Mr. Heinhuis to his injury.

In their petition the plaintiffs asserted the following demands for damages:

1. against Venture Associates, Inc. of Louisiana (Venture), the alleged employer, for negligence, pursuant to the Jones Act;
2. against Venture for maintenance and cure;
3. against Venture and/or Norman Offshore Pipeline, Inc. (Norman) for unseaworthiness *1246 of the vessel allegedly owned by one or both of them; and

4. against G & B Marine, Inc. (G & B) and Chevron U.S.A., Inc. (Chevron) for negligence arising from events occurring on navigable waters in a classic admiralty and maritime setting.

Suit was filed on March 14, 1989, with a notation that service be withheld pending further instructions from plaintiffs. The next day, March 15, 1989, plaintiffs amended their petition to include the following paragraph:

Plaintiffs specifically aver that this Court has jurisdiction over the subject matter of this controversy by virtue of Section 33 of the Merchant Marine Act, 56 U.S.C.A. 688 [sic], commonly known as the Jones Act, and under the General Maritime Law of the United States. This action is brought in State Court under the "savings to suitors" clause of the U.S. Constitution. Accordingly, and for purposes of Louisiana Code of Civil Procedure Article 1732(6), this suit is on an admiralty or general maritime claim under federal law that is brought in state court under a federal "savings to suitors" clause and is specifically designated as an admiralty or general maritime claim.

Obviously the amended petition was drawn in an attempt by plaintiffs to elect a nonjury trial, a remedy recently granted them by the Louisiana legislature. See LSA-C.C.P. art. 1732(6).

Pleading in response to the petition and amended petition, defendant(s) requested a jury trial. All parties were subsequently ordered to show cause why the case should proceed to jury trial. After a hearing on June 23, 1989, the trial judge ruled that a jury trial was not available to the defendants. Questioning the trial court's interpretation of LSA-C.C.P. art. 1732(6), defendants applied for supervisory writs.

Defendants argue that they are entitled to a jury trial because Article 1732(6) does not grant plaintiff an election of a nonjury trial in a Jones Act case and because no other Louisiana law specifically denies them a jury trial.[1] Defendant Chevron asserts further that its ownership of a fixed platform does not subject it to a maritime claim.

The pertinent articles of the Louisiana Code of Civil Procedure are in Chapter 7, "Jury Trial." Article 1731 provides:

A. Except as limited by Article 1732, the right of trial by jury is recognized.
B. The nature and amount of the principal demand shall determine whether any issue in the principal or incidental demand is triable by jury.

Effective September 9, 1988, LSA-C.C.P. art. 1732 was amended to provide that a trial by jury shall not be available in:

(6) A suit on an admiralty or general maritime claim under federal law that is brought in state court under a federal "saving to suitors" clause, if the plaintiff has designated that suit as an admiralty or general maritime claim.

1988 La. Acts No. 147 § 1.

Thus, Louisiana law no longer recognizes the right of trial by jury on an admiralty or general maritime claim designated as such by the plaintiff and brought under a savings to suitors clause. Article 1732 is mandatory; it specifies that "trial by jury shall not be available...." (Emphasis supplied.)

Although the cases relied upon by the defendants contain persuasive language concerning the fundamental right to trial by jury, those cases preceded the 1988 amendment. Now Louisiana has a statute which is the equivalent of Rule 9(h) in the federal court system.[2] The operation of *1247 the federal rule was explained by the Louisiana Supreme Court in Lavergne v. Western Co. of North America, Inc., 371 So.2d 807 (La.1979). Historically, a plaintiff bringing an action for personal injuries in the federal admiralty jurisdiction under the general maritime law was not entitled to a jury trial. In 1966 when the admiralty and federal civil rules were unified, the rule mandating a nonjury trial for admiralty actions was not changed. Rule 9(h) of the Federal Rules of Civil Procedure was enacted to provide a device by which the plaintiff could claim the special benefits of admiralty procedures and remedies, including a nonjury trial, despite the existence of some other basis of federal jurisdiction, such as the Jones Act or diversity, as a possible ground for a request for a jury trial by an opponent. Lavergne v. Western Co. of North American, Inc., supra.

However, prior to 1988 an equivalent of the federal Rule 9(h) option was not available to a plaintiff bringing an admiralty claim under a saving to suitors clause in a Louisiana court; the defendant's right to a jury trial was not affected. Hebert v. Diamond M. Company, 367 So.2d 1210 (La. App. 1st Cir.1978). Enactment by the legislature of LSA-C.C.P. art. 1732(6) has made the "Hebert rule" obsolete. Since 1988 the option of whether to have a jury trial or a nonjury trial in an admiralty or maritime case in a Louisiana state court rests with the plaintiff, and only the plaintiff, by the clear, unambiguous language of LSA-C.C.P. art. 1732(6).

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Bluebook (online)
558 So. 2d 1244, 1990 La. App. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heinhuis-v-venture-associates-inc-lactapp-1990.