Naquin v. Elevating Boats, LLC

842 F. Supp. 2d 1008, 2012 WL 10586, 2012 U.S. Dist. LEXIS 211
CourtDistrict Court, E.D. Louisiana
DecidedJanuary 3, 2012
DocketCivil Action No. 10-4320
StatusPublished
Cited by8 cases

This text of 842 F. Supp. 2d 1008 (Naquin v. Elevating Boats, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Naquin v. Elevating Boats, LLC, 842 F. Supp. 2d 1008, 2012 WL 10586, 2012 U.S. Dist. LEXIS 211 (E.D. La. 2012).

Opinion

ORDER AND REASONS

CARL J. BARBIER, District Judge.

Before the Court are Defendant Elevating Boats, L.L.C.’s Motion for Summary Judgment (Rec. Doc. 40) and Plaintiff Larry Naquin, Sr.’s Memorandum in Opposition (Rec. Doc. 48). Elevating Boats, LLC’s Motion is before the Court with oral argument, which was heard on Wednesday, December 7, 2011, at 9:30 a.m.

[1011]*1011PROCEDURAL HISTORY AND BACKGROUND FACTS

The facts of the case at bar are largely undisputed by the parties. Defendant Elevating Boats, L.L.C.’s (“EBI”) designs and manufactures lift boats1 and marine pedestal cranes for sale and use in maritime commerce. It also operates a fleet of lift boats for charter for offshore work in the Gulf of Mexico. In support of these operations, EBI also maintains a lift boat and pedestal crane inspection and repair facility in Houma, Louisiana, where Plaintiff Larry Naquin, Sr. worked.

Plaintiff has worked for EBI in various positions at the Houma facility since January 10, 1997. He was originally hired as a fitter/welder, where he primarily performed precision cutting in EBI’s vessel fabrication building. He held this position for approximately two years, at which time he was promoted to the role of construction foreman, where he oversaw the construction of lift boat hulls and managed a small team of EBI repair technicians, including welders, painters, electricians, and carpenters.

Shortly after Hurricane Katrina, he assumed the position of repair supervisor, which he held until the events giving rise to the instant lawsuit. In his capacity as a repair supervisor, Plaintiff oversaw the repair of EBI lift boats and cranes, as well as those owned by other companies who brought them to EBI for repair or inspection. He reported to EBI’s yard supervisor, Danny Naquin. Plaintiff often worked on board the vessels, which were usually either jacked up or moored at the EBI dock, depending on the specific repair required. Plaintiff estimates that approximately half of the vessels requiring repair were jacked up out of the water, while the other half were moored. While on board, Plaintiff performed inspections and repairs on various parts of EBI’s vessels, including engines, hulls, and cranes. At times, vessels needed to be repositioned at the dock in order to facilitate a repair, and Plaintiff noted that he was on board these vessels as they were rearranged approximately two to three times per week. In these circumstances, he also typically handled the ship’s lines and tied the vessel off to secure it. Additionally, Plaintiff, a licensed crane operator, sometimes operated the cranes on board the lift boats to load or unload heavy pieces of machinery or other materials from the dock.

Plaintiff also performed tasks traditionally assigned to the deckhands of EBI’s fleet, including painting, fixing leaks, fixing cracks in the hull, chipping, and cleaning the vessels while they were stationed at the dock, as well as other routine maintenance. Because this work often went undone while the vessel was offshore, Plaintiff assisted the ships’ deckhands in their duties after the vessels were moored or jacked up at EBI’s dock. Plaintiff was additionally responsible for handling Coast Guard vessel inspections. After receiving notice of an inspection, he prepared the vessel for inspection and personally walked through the vessels with the Coast Guard officials during the inspection. In total, Plaintiff estimates that he spent seventy to seventy-five percent of his working time aboard vessels in its Houma dock, while approximately twenty-five percent of his hours were spent performing land-based work.

Finally, Plaintiff testifies that, at several times in his employment, he actually “went to sea” on EBI vessels for various assign[1012]*1012ments. For instance, he attended the sea trials for two of the newly constructed vessels in EBI’s fleet, the JIMMY HOLMES and the MAMMOTH.2 The sea trial of the MAMMOTH occurred sometime in 2002, and the trial of the JIMMY HOLMES occurred after Hurricane Katrina in 2005, • but Plaintiff was unable to recall the specific date. Collectively, these trips were fairly brief, amounting to no more than five total days at sea. In addition to the sea trials, Plaintiff operated the crane aboard the MAMMOTH at various jobsites in the Gulf during the period from 2004-2007, with each hitch lasting three to seven days and requiring him to sleep onboard the ship. He estimates that he has slept aboard one of EBI’s vessels at least seven to ten times. In sum, he estimates that he has spent about forty to forty-five days working offshore during the tenure of his employment with EBI.

On November 17, 2009, Plaintiff was operating one of EBI’s land-based cranes to move a thirty-ton test block from an eighteen-wheeler trailer to its normal storage location.3 Just before the move was completed, the pedestal snapped, sending the crane toppling to the ground and into an adjacent building. As a result of the accident, Plaintiff suffered injuries to both his left ankle and right heel, which required surgery. Shortly after the accident, EBI filed a report with the Long-shore District Office notifying it of the incident and of Plaintiffs injuries. EBI thereafter began paying Plaintiffs medical bills related to the accident and has also paid Plaintiff Longshore Worker’s Compensation benefits in the monthly amount of $1,628.24.

Plaintiff filed suit against EBI on November 15, 2010, asserting claims under the Jones Act, and in the alternative, reserving his claims and benefits under the Longshore and Harbor Workers Compensation Act. Plaintiff also sued Techcrane, International, L.L.C. (“Techcrane”), a company believed by Plaintiff to work with EBI to supply, design, and/or construct EBI cranes. On September 13, 2011, Techcrane filed a motion for summary judgment, which the Court subsequently granted. On October 24, 2011, EBI filed the instant Motion for Summary Judgment.

PARTIES’ ARGUMENTS

EBI argues that the undisputed facts show that Plaintiff is not a Jones Act seaman, but a Longshoreman, whose claims are barred as a matter of law by the Longshore and Harbor’s Compensation Act, 33 U.S.C. § 901, et seq. It contends that Plaintiffs undisputed testimony regarding his employment duties reveals that he does not meet either of the prongs of the Supreme Court’s Chandris test for seaman status. Specifically, it argues that his duties did not “contribute to the function” of EBI’s vessels or to the accomplishment of their missions, as required by the first prong of Chandris, because they related only to the general maintenance and repair of the vessels. It submits that this type of work bears only an indirect relationship to EBI’s vessels’ missions. With respect to the second prong of Chandris, which requires the employee to have a connection to a vessel in navigation that is substantial in duration and nature, EBI argues that Plaintiff has spent less than .01% of his employment at EBI working [1013]*1013aboard vessels in navigation. Further, it notes that his work aboard EBI vessels occurred while the boats were stationary at EBI’s Houma dock.

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Cite This Page — Counsel Stack

Bluebook (online)
842 F. Supp. 2d 1008, 2012 WL 10586, 2012 U.S. Dist. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naquin-v-elevating-boats-llc-laed-2012.