James W. Perkins, Judith Lynn Perkins v. American Electric Power Fuel Supply, Inc. Indiana Michigan Power Company, Inc., River Transportation Division

246 F.3d 593, 2001 A.M.C. 2780, 49 Fed. R. Serv. 3d 1283, 2001 U.S. App. LEXIS 5653, 2001 WL 333436
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 6, 2001
Docket99-4500
StatusPublished
Cited by103 cases

This text of 246 F.3d 593 (James W. Perkins, Judith Lynn Perkins v. American Electric Power Fuel Supply, Inc. Indiana Michigan Power Company, Inc., River Transportation Division) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James W. Perkins, Judith Lynn Perkins v. American Electric Power Fuel Supply, Inc. Indiana Michigan Power Company, Inc., River Transportation Division, 246 F.3d 593, 2001 A.M.C. 2780, 49 Fed. R. Serv. 3d 1283, 2001 U.S. App. LEXIS 5653, 2001 WL 333436 (6th Cir. 2001).

Opinions

OPINION

CLAY, Circuit Judge.

Plaintiff, James Perkins, appeals from the district court’s order entering judgment in favor of Defendants, American Electric Power Fuel Supply, Inc. (“AEP”) and Indiana Michigan Power Company, Inc., River Transportation Division,1 after a bench trial on Plaintiffs claims for negligence under the Jones Act, 46 U.S.C.App. § 688, and unseaworthiness under general maritime law. Plaintiff also appeals the district court’s order denying Plaintiffs pre-trial motion to continue the trial date, extend discovery, and amend his complaint. For the reasons that follow, we REVERSE in part and AFFIRM in part the district court’s order entering judg[596]*596ment against Plaintiff and REMAND; however, we AFFIRM the district court’s order denying Plaintiffs pretrial motion.

BACKGROUND

Plaintiff worked for Defendant AEP from 1980 until the date of his accident. Plaintiff worked as a deckhand from 1980 to 1988 on commercial river vessels. In 1988, he was promoted to second mate, the position he held until his injury which is the subject of this litigation. Defendant AEP is a river transportation company, transporting bulk commodities, primarily coal, on the Ohio River and its tributaries. Defendants were the operators of the M/V C.J. Bryan and barge AEP-508.

Plaintiffs duties as second mate included seeing that wires, ratchets and rigging were properly placed on the tow, in accordance with the captain’s orders, and inspected prior to use. Plaintiff was injured on December 28, 1997 when he fell from barge AEP-508 to the deck of the M/V C.J. Bryan, a distance of about eight or nine feet. When Plaintiff fell, he was attempting to “lay” a “rock and roll” or “jockey” wire from an outside barge to the M/V C.J. Bryan. Although Plaintiff had laid dozens of wires on inside barges before, he had never performed this specific task. Plaintiff was attempting to lay the wire by tightening it using a stationary rachet located on the port stern of barge AEP-508, cranking the ratchet outboard with a cheater pipe slipped over the ratchet handle for added leverage. Plaintiff had gotten the wire substantially tight when the “dog”2 of the ratchet failed to catch properly, causing the tension on the cheater pipe to give way. Then, Plaintiff was propelled forward, lost his balance and fell over the edge of the barge onto the deck of the M/V C.J. Bryan. The evidence at trial revealed that Plaintiff was straddling the ratchet while attempting to lay the wire.

Plaintiff sustained extensive injuries from the fall including permanent disabling injuries. Plaintiff suffers from chronic pain and permanent physical limitations. He has had five surgeries; his right knee is permanently fused; his right leg stands a half inch off the ground; and his left ankle is fitted with a steel plate and may require fusion or even amputation.

Plaintiff and his wife, Judith Perkins, filed suit against Defendants for his injuries on January 21, 1998. The complaint alleged that Defendants were liable for negligence under the Jones Act and for the unseaworthiness of the M/V C.J. Bryan and/or the AEP-508 barge under general admiralty law because the ratchet Plaintiff used was defective and was the cause of his injuries, and Defendants failed to take adequate safety precautions and provide training for Plaintiff.3

Prior to trial, on July 6, 1999, Plaintiff filed a motion to continue the trial, amend his complaint, and extend discovery. The district court denied the motion on August 17, 1999 and the matter went to trial on September 20,1999.

After a three-day bench trial, the district court found that Defendants were not negligent and that the M/V C.J. Bryan and [597]*597AEP-508 barge were seaworthy. Moreover, although not necessary to its decision, the district court concluded, without explanation, that Plaintiff was negligent in straddling the ratchet in violation of AEP policy and that his negligence was likely the sole proximate cause of his injuries. This appeal followed.

ANALYSIS

I.

We review the district court’s legal conclusions de novo. See Schvoyer v. Frankel, 197 F.3d 1170, 1173 (6th Cir.1999). The factual findings of the district court following a bench trial are reviewed for clear error. See id. In our review of the district court’s factual findings, this Court gives due regard to the district court’s opportunity to judge the credibility of the witnesses. See Adams County Reg’l Water Dist. v. Vill. of Manchester; Ohio, 226 F.3d 513, 517 (6th Cir.2000). A finding of fact is clearly erroneous “ ‘when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’ ” Id. (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948)).

This action arises under the Jones Act, 46 U.S.C.App. § 688, and general admiralty law. Plaintiff, Defendants’ employee and a seaman,4 claims that Defendants were negligent and Defendants’ vessels, the M/V C.J. Bryan and AEP-508, were unseaworthy because the equipment appurtenant thereto, namely the ratchet, malfunctioned under proper and intended use and Defendants failed to provide adequate safety measures and training for Plaintiff.

Plaintiff contends on appeal that the district court erred in its factual findings and application of the law. Specifically, Plaintiff claims that the district court erred in finding that the ratchet was not defective, that Plaintiff had received adequate training, that Defendants were not negligent in failing to take certain safety precautions to prevent Plaintiffs injury, and that the M/V C.J. Bryan and AEP-508 barge were not unseaworthy. Plaintiff also claims that the district court disregarded Plaintiffs status as a ward of the court and erred in its application of the proof of negligence required under the Jones Act and the standard of liability under the seaworthiness doctrine. And although not necessary to the district court’s decision, Plaintiff also challenges the district court’s finding that Plaintiff was negligent in straddling the ratchet and that Plaintiffs negligence was likely the sole cause of his injuries. We hold that the district court erred in concluding that Plaintiff was not entitled to recover either on the Jones Act claim or the unseaworthiness claim.

A.

It is a well-settled principle of law that seamen are “emphatically the wards of the admiralty.” Chandris, Inc. v. Latsis, 515 U.S. 347, 354-55, 115 S.Ct. 2172, 132 L.Ed.2d 314 (1995) (citation and quotation omitted); accord Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424, 431, 59 S.Ct. 262, 83 L.Ed. 265 (1939); Davis v. Am. Commercial Lines, Inc., 823 F.2d 1006, 1007 (6th Cir.1987).

The paternal regard of the Courts and Congress for seamen has, for the most part, grown out of the peculiar condi[598]

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
246 F.3d 593, 2001 A.M.C. 2780, 49 Fed. R. Serv. 3d 1283, 2001 U.S. App. LEXIS 5653, 2001 WL 333436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-w-perkins-judith-lynn-perkins-v-american-electric-power-fuel-ca6-2001.