Jenkins v. Sonat Offshore USA Inc.

705 So. 2d 1184, 96 La.App. 1 Cir. 2504, 1997 La. App. LEXIS 2964, 1997 WL 805398
CourtLouisiana Court of Appeal
DecidedDecember 29, 1997
Docket96 CA 2504
StatusPublished
Cited by6 cases

This text of 705 So. 2d 1184 (Jenkins v. Sonat Offshore USA 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
Jenkins v. Sonat Offshore USA Inc., 705 So. 2d 1184, 96 La.App. 1 Cir. 2504, 1997 La. App. LEXIS 2964, 1997 WL 805398 (La. Ct. App. 1997).

Opinion

705 So.2d 1184 (1997)

Daniel JENKINS
v.
SONAT OFFSHORE U.S.A. INC.

No. 96 CA 2504.

Court of Appeal of Louisiana, First Circuit.

December 29, 1997.

*1186 Gordon J. McKernan, Baton Rouge, David Robertson, Austin, TX, Terry G. Breaux, Franklin, for Plaintiff Appellee Daniel Jenkins.

Timothy W. Cerniglia, New Orleans, H. Alston Johnson, III, Baton Rouge, for Appellant Defendant Sonat Offshore Drilling, Inc.

Before FOIL, WHIPPLE and KUHN, JJ.

FOIL, Judge.

This appeal arises out of a suit for damages under the Jones Act and general maritime law. We amend in part and affirm as amended.

FACTS

Plaintiff, Daniel Jenkins, was employed as a roustabout aboard the DF-85, a jack-up drilling rig which was owned and operated by defendant, Sonat Offshore U.S.A., Inc. (Sonat). On or about October 23, 1992, a supply boat, the M/V MR. KENT, pulled alongside the rig to deliver a load of cargo. Several Sonat employees, including Jenkins, were assigned to off-load some casing from the supply boat. This procedure involves off-loading two joints of casing at a time using a rig crane. Two of the men were assigned to work on the supply boat, hooking the crane's slings to the casing. Jenkins remained aboard the rig to guide the casing into place on the pipe rack and unhook the slings from the casing. Toward the end of the operation, Jenkins was injured when he allegedly fell off the stack of casing and landed on the rig deck. No one witnessed the accident.

Jenkins subsequently underwent a cervical diskectomy and an anterior cervical fusion on April 19, 1993. On April 28, 1994, he filed the instant suit for damages against Sonat, setting forth two theories of recovery, Jones Act negligence and unseaworthiness under general maritime law. Sonat answered the petition, generally denying the allegations and alleging that Jenkins was comparatively negligent.

After a trial on the merits, the trial court determined that Sonat was negligent and that the DF-85 was unseaworthy. The court awarded Jenkins damages of $850,000.00, which consisted of $200,000.00 for physical pain and suffering and disability, $50,000.00 for mental anguish and distress and loss of enjoyment of life, and $600,000.00 for loss of income and benefits, together with legal interest from the date of judicial demand.

From this adverse judgment, Sonat appealed, challenging the trial court's liability and fault determinations, several of its evidentiary rulings and quantum determinations, and the court's assessment of prejudgment interest on the entire amount awarded.

LIABILITY

Sonat argues on appeal that the trial court erred in concluding that it was negligent and that the DF-85 was unseaworthy. It also asserts that the court erred in failing to allocate any fault to Jenkins.

In Milstead v. Diamond M Offshore, Inc., 95-2446, p. 11 (La.7/2/96); 676 So.2d 89, 96, the Louisiana Supreme Court directed state appellate courts to apply Louisiana's manifest error standard of review to factual determinations made in Jones Act and general maritime cases. Claims based on negligence and unseaworthiness are separate and distinct, but the factfinder's conclusions as to each are treated similarly on review. These findings of fact may not be disturbed unless they are manifestly erroneous or clearly wrong. Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). Under Stobart, in order to reverse a factual determination, an appellate court must find (1) a reasonable factual basis does not exist in the *1187 record for the finding and (2) the record establishes that the finding is clearly wrong or manifestly erroneous. Id.

The Jones Act, 46 U.S.C.App. § 688, provides a cause of action in negligence for a seaman injured in the course of his employment against his maritime employer. The Jones Act contains a liberal causation requirement. A seaman is entitled to recover if the employer's negligence played any part, even the slightest, in producing the injury. Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331, 335 (5th Cir.1997). Under the Jones Act, both the employer and the seaman are obligated to act with ordinary prudence under the circumstances. Id. at 335, 339.

To be seaworthy, a vessel and its appurtenances must be reasonably suited for the use for which they were intended. The owner's duty to furnish a seaworthy ship is absolute and completely independent of the duty under the Jones Act to exercise reasonable care. Liability under the doctrine of unseaworthiness does not rest upon fault or negligence. A more stringent standard of causation is required in an unseaworthiness claim than in a Jones Act claim. Specifically, a plaintiff must prove that the unseaworthy condition played a substantial part in bringing about the injury and that the injury was either the direct result or a reasonably probable consequence of the unseaworthiness. Johnson v. Offshore Express, Inc., 845 F.2d 1347, 1354 (5th Cir.), cert. denied, 488 U.S. 968, 109 S.Ct. 497, 102 L.Ed.2d 533 (1988).

In the present case, the trial court found that Sonat was negligent and the vessel was unseaworthy on three bases: (1) a sufficient crew was not provided for the offloading operation; (2) barite was allowed to settle on the casing during the offloading operation; and (3) adequate lighting was not provided on the pipe deck where the offloading took place. We note that a finding of any one of these bases would be sufficient establish liability on the part of Sonat. Because we find no manifest error in the court's finding that Sonat failed to provide an adequate crew, we need not address the issues presented by the other two bases of liability.

Daniel Jenkins testified at trial that in all of his career, he had served as a roustabout only ten to fifteen times. On the day of the accident, they began the offloading operation with only three people, whereas usually there are four. Two men, Hugh Broussard and Randall Hodges, were down on the supply boat hooking up the casing, and he was alone on the rig unhooking it. After about an hour, Les Suto came to help him; however, Suto left to perform another task before all of the casing had been unloaded. Another load was coming from the supply boat, so Jenkins climbed up onto the top of the stack of casing, which was five to eight feet high, to position another load. He pushed the casing into place and unhooked the slings. According to Jenkins, he turned around and saw Suto by the shaker area, preparing to back-load something onto the supply boat. Jenkins decided to get down and go help Suto, so that Suto could return and help him. Jenkins walked to the edge of the casing to climb down and, as he turned around, his right foot slipped out from under him, his left foot went out over the casing, and he fell to the deck, hitting his left shoulder blade on the casing.

In its written reasons for judgment, the trial court found that Jenkins was mentally and physically slow. Despite his mental limitation, however, the court stated it found him to be a credible witness. The court went on to find that offloading casing safely requires two people on the pipe deck. The record shows that this finding is supported by the testimony of numerous witnesses.

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Cite This Page — Counsel Stack

Bluebook (online)
705 So. 2d 1184, 96 La.App. 1 Cir. 2504, 1997 La. App. LEXIS 2964, 1997 WL 805398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-sonat-offshore-usa-inc-lactapp-1997.