John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, Opinion

249 F.3d 883, 2001 A.M.C. 1778, 2001 Cal. Daily Op. Serv. 3621, 2001 Daily Journal DAR 4461, 2001 U.S. App. LEXIS 8518
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 8, 2001
Docket16-60033
StatusPublished
Cited by71 cases

This text of 249 F.3d 883 (John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, Opinion) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, Opinion, 249 F.3d 883, 2001 A.M.C. 1778, 2001 Cal. Daily Op. Serv. 3621, 2001 Daily Journal DAR 4461, 2001 U.S. App. LEXIS 8518 (9th Cir. 2001).

Opinion

RONALD M. GOULD, Circuit Judge:

John Simeonoff (“Simeonoff’) injured his foot while crab fishing on a commercial vessel, the F/V SAGA (“SAGA”). Simeo-noff brought a claim pursuant to the Jones Act, 46 U.S.C. § 688 et seq., and general maritime law against the SAGA and shipowners, Clare and Todd Hiner (“Hiners”) claiming negligence and unseaworthiness. After a bench trial, the district court found the SAGA and the Hiners (“Appellees”) seventy percent negligent and Simeonoff thirty percent negligent. The court found $163,500 total damages and, reducing that by thirty percent, awarded $114,450 to Si-meonoff. Simeonoff appeals arguing that: (1) the district court clearly erred by finding Simeonoff contributorily negligent; (2) the district court erred by issuing unre-viewable damages findings; (3) the district court clearly erred by awarding insufficient non-economic damages; and (4) the district court erred by failing to award prejudgment interest. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part because we hold that (1) the economic damages findings are sufficiently detailed for appellate review; and (2) the non-economic damage awards are sufficient. We reverse and remand in part because we hold that Simeonoff was not contributorily negligent for responding to a cry for help. We also remand to permit *887 the district court to make findings relating to its denial of prejudgment interest.

FACTS

Simeonoff began salmon fishing commercially at age 11 and crab fishing at 16. At the time of the accident, he fished primarily for salmon and crab. When the accident occurred, Simeonoff was the “stack man” on the SAGA, but “[h]e could do basically any job on the boat.” Simeo-noff was also an experienced ship engineer, and he assisted the SAGA engineer, 1 Jed Miller (“Miller”) at Miller’s request.

On February 9, 1996, when he was 26 years old, Simeonoff was injured aboard the SAGA when his foot was crushed by a pot launcher (“launcher”). 2 While crab fishing, Simeonoff discovered a leaking crack in a fitting on a hydraulic pipe (“hose” or “pipe”) that raises and lowers the launcher. Simeonoff reported the leak to engineer Miller. Miller reported the problem to the ship’s captain, Dennis Black (“Black”), and went below to make a replacement hose. The crew put the launcher in the “up” position, and Black turned off the hydraulics. Simeonoff left the launcher to work at the bait station. Miller returned and started to remove corrosion-blocker tape called “densil tape” from the hose. Miller then called to the crew for assistance. Immediately, Simeo-noff responded to Miller’s call for help to remove the tape. As Simeonoff went under the launcher, the hose gave, the fitting gave, and the launcher fell on him causing his serious injuries.

The launcher can be supported by hooking it to the ship’s crane. The crane uses the same hydraulic system as the launcher but has a mechanical brake that can support the launcher. Had it been attached to the launcher, the crane would have prevented the accident. Both Miller and Si-meonoff were experienced with hydraulic repairs and knew of the need to secure the launcher before repairing it. Miller failed to ensure the launcher was supported before directing Simeonoff to remove the tape. Simeonoff also faked to ensure the launcher had been supported before following Miller’s direction. 3

After the accident, the crew used the crane to lift the launcher off of Simeonoff, who was thereafter transferred to a boat and taken ashore. Simeonoff was examined at a clinic and then flown to a hospital in Anchorage. Simeonoff underwent two surgeries on his foot. The first occurred after the accident and involved open reduction and internal fixation surgery (followed by an April 1996 hardware removal). The *888 second occurred in November 1996, during which a joint in his foot was fused (followed by a January 1999 removal of a screw). Simeonoff was released for work on a trial basis in March 1997 and did not visit the doctor again until January 1999.

PROCEDURAL HISTORY

After a bench trial, the court concluded that Miller’s negligence for repairing the launcher without first supporting it rendered the SAGA unseaworthy at the time Miller directed Simeonoff to go beneath the launcher. The court concluded that Miller’s negligence and the SAGA’s resulting unseaworthiness caused Simeonoffs injury. The court further found that, despite the maritime expectations that seamen follow orders, Simeonoff was negligent for going under the launcher without first assuring himself that the launcher was secured by the crane. The court also found that Simeonoffs comparative negligence reduced his recovery of damages caused by the SAGA’s unseaworthiness. The court further found that the SAGA’s unseaworthiness was seventy percent responsible for Simeonoffs injuries, and Si-meonoff was thirty percent responsible for his own injury. The court found the reasonable value of Simeonoffs past lost wages, reduced for taxes, was $6,500, and found defendant responsible for seventy percent: $4,550. The court found the reasonable value of Simeonoffs future lost wages, reduced to present value and adjusted for taxes, was $130,000, and found defendant responsible for seventy percent: $91,000. The court found the value of Simeonoffs past pain and suffering and loss of enjoyment of life to be reasonably measured at $20,000, with defendant responsible for seventy percent: $14,000. The court reasonably valued Simeonoffs future pain and suffering and loss of enjoyment of life at $7,000, with defendant responsible for seventy percent: $4,900. In total, the court awarded judgment and damages of $114,450 to Simeonoff.

Simeonoff moved the court to amend its findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(b). The district court denied the motion.

Appellees had offered a settlement that Simeonoff did not accept. Because it was greater than the court’s award, the court subsequently entered a modified judgment awarding costs to the Hiners as prevailing parties.

Simeonoff appeals the damage award.

DISCUSSION

Comparative negligence

Simeonoff argues that the district court erred by reducing his damage award by thirty percent because he was not negligent in responding to Miller’s call for help. We agree.

We review a judgment of a trial court, sitting without a jury in admiralty, for clear error. McAllister v. United States, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20 (1954); Vance v. Am. Hawaii Cruises, Inc., 789 F.2d 790, 793 (9th Cir.1986).

We have held that in admiralty cases assumption of risk is not a defense and cannot be applied to bar or reduce damages sustained by seamen. DuBose v. Matson Navigation Co.,

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249 F.3d 883, 2001 A.M.C. 1778, 2001 Cal. Daily Op. Serv. 3621, 2001 Daily Journal DAR 4461, 2001 U.S. App. LEXIS 8518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-simeonoff-v-todd-hiner-and-clare-hinerin-personam-and-the-fv-saga-ca9-2001.