Lyons v. Fleet Operators, Inc.

676 So. 2d 182, 96 La.App. 4 Cir. 0148, 1996 La. App. LEXIS 1131, 1996 WL 305609
CourtLouisiana Court of Appeal
DecidedJune 5, 1996
Docket96-CA-0148
StatusPublished
Cited by4 cases

This text of 676 So. 2d 182 (Lyons v. Fleet Operators, 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
Lyons v. Fleet Operators, Inc., 676 So. 2d 182, 96 La.App. 4 Cir. 0148, 1996 La. App. LEXIS 1131, 1996 WL 305609 (La. Ct. App. 1996).

Opinion

676 So.2d 182 (1996)

Jaral LYONS, Sr.
v.
FLEET OPERATORS, INC.

No. 96-CA-0148.

Court of Appeal of Louisiana, Fourth Circuit.

June 5, 1996.
Rehearing Denied July 26, 1996.

*184 Lawrence D. Wiedemann, John H. Denenea, Jr., Wiedemann & Wiedemann, New Orleans, for Plaintiff-Appellant Jaral Lyons.

Mark Fierro, Benjamin H. Farrow, V, Evans & Co., New Orleans, for Defendant-Appellee Fleet Operators, Inc.

Before BARRY, KLEES and CIACCIO, JJ.

KLEES, Judge.

Plaintiff Jaral Lyons appeals the trial court's judgment dismissing his maritime personal injury suit. After reviewing the record, we reverse.

The plaintiff was injured on October 7, 1993, aboard the M/V SUSAN M, a one hundred foot utility vessel. At the time of the accident, plaintiff had been employed for four years as a boat captain by defendant Fleet Operators, Inc. Captain Lyons, who was fifty-eight years old at the time of his injury, has worked on vessels for well over forty years. A lifelong resident of Chauvin, Louisiana, Lyons dropped out of school at age eleven to go to work on his father's shrimp boat and began operating oil field vessels at the age of eighteen. He has been married for forty-two years to Jeanette Lyons, and they have seven children.

Prior to the incident on October 7, 1993, plaintiff had no problems with his back or legs. In fact, in his long history of working aboard vessels, he has needed medical attention only twice: once when he broke his foot and returned to work in a cast; and again when he was discovered to have a hernia on a pre-employment physical exam, underwent surgery, and returned to work after a normal recovery period.

On October 7, 1993, the M/V SUSAN M, crewed by Captain Lyons, an engineer and a deckhand, was serving as a standby vessel *185 for a Murphy Oil offshore drilling platform. In this capacity, the vessel remained close to the rig at all times in order to get the drilling crew off the rig if an emergency arose, and also transported the drilling crew to the shore and back for the regular weekly crew changes. On the day in question, the M/V SUSAN M was standing by, without power, tied off a short distance from the platform. When it came time to onload the drilling crew for the crew change, Captain Lyons discovered that he could not start the starboard engine in the twin engine vessel. Although he was able to start the port engine, he knew it was unsafe to attempt to take the vessel from the platform to the shore on one engine. After discovering that a defective starter in the starboard engine was the problem, Captain Lyons decided to remove the starter from the port engine after that engine was already running, and then replace the inoperable starter with the good one, thereby being able to start the starboard engine. There were no spare starters on board.

Because the port-side starter was in a location that permitted access by only one person, Captain Lyons was required to lift the one hundred pound starter with the engine running using a non-traditional lifting position, and then carry it to where the engineer could assist him. Plaintiff performed this duty himself because he was more experienced at this type of repair work than the much younger engineer, and he believed the engineer was not capable of doing the job as well as he. When he lifted the port-side starter out, plaintiff felt a pop in his back. He completed the task and made the crew change. However, he immediately began to experience back and leg pain which got progressively worse. After completing his fourteen-day shift, plaintiff sought medical treatment. He was diagnosed with inoperable three level disc disease and a permanent residual disability of the spine of 10-15%. Plaintiff was cautioned by his treating physician not to lift over twenty-five pounds or to engage in activities that would require him to stand or sit in one position for more than forty-five minutes at a time. His continuing pain and these restrictions have prevented plaintiff from returning to work.

Plaintiff filed this maritime action against Fleet Operators, Inc. (his employer and the vessel owner) in state court under the Saving to Suitors Act, 28 U.S.C. § 1333(1), alleging Jones Act negligence and unseaworthiness of the M/V SUSAN M. The case was tried without a jury. On October 31, 1995, the trial court rendered judgment dismissing plaintiff's case. According to his written reasons for judgment, the trial judge found that plaintiff failed to prove the causation necessary to recover under either the Jones Act or the general maritime law. Plaintiff now appeals this judgment.

Liability:

Our review of the record reveals that the trial judge committed manifest error in failing to find that the vessel was unseaworthy and that this unseaworthiness was a proximate cause of plaintiff's injury. With regard to unseaworthiness, this court has stated:

To be considered seaworthy, a vessel and its appurtenances must be reasonably suited for the purpose or use for which they were intended. Johnson v. Offshore Exp., Inc., supra. [845 F.2d 1347 (5th Cir.1988)] An absolute and non-delegable duty is imposed on the shipowner to furnish a vessel reasonably safe and fit for its intended purpose. Webb v. Dresser Industries, 536 F.2d 603 (5th Cir.1976), cert. denied, 429 U.S. 1121, 97 S.Ct. 1157, 51 L.Ed.2d 572 (1977). Any condition rendering the vessel unfit for her intended use makes the vessel unseaworthy. Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 80 S.Ct. 926, 4 L.Ed.2d 941 (1960). Unseaworthiness may arise from the employment of an unsafe method of work such as the shipowner's failure to provide adequate equipment for the performance of an assigned task or necessary safety equipment. Vargas v. McNamara, 608 F.2d 15 (1st Cir.1979).

Mistich v. Pipelines, Inc., 609 So.2d 921, 931 (La.App. 4th Cir.1992), writ denied, 613 So.2d 996 (La.1993), cert. den. 509 U.S. 913, 113 S.Ct. 3020, 125 L.Ed.2d 709 (1993); overruled on other grounds by Bridgett v. Odeco, Inc., 93-1536, 94-0112, p. 1254 (La.App. 4th *186 Cir. 12/15/94); 646 So.2d 1249. In Lee v. Pacific Far East Line, Inc., 566 F.2d 65 (9th Cir.1977), cited by the trial court, the federal Ninth Circuit held that the duty to provide a seaworthy vessel includes maintaining a ship's equipment in proper working condition. Therefore, the failure of a piece of equipment under proper and expected use is sufficient to establish unseaworthiness. Id. at 67 (Citations omitted). In Lee, a ship's refrigerator maintenance man was injured when he attempted to turn a stuck coolant valve.

In the instant case, the preponderance of the evidence established that the failure of the starter rendered the M/V SUSAN M totally inoperable because it would have been unsafe to take it to shore powered by only one engine.

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Bluebook (online)
676 So. 2d 182, 96 La.App. 4 Cir. 0148, 1996 La. App. LEXIS 1131, 1996 WL 305609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-fleet-operators-inc-lactapp-1996.