Powell v. Metropolitan Life Insurance

746 So. 2d 114, 98 La.App. 4 Cir. 1755, 1999 La. App. LEXIS 2724, 1999 WL 814020
CourtLouisiana Court of Appeal
DecidedOctober 6, 1999
DocketNo. 98-C-1755
StatusPublished
Cited by1 cases

This text of 746 So. 2d 114 (Powell v. Metropolitan Life Insurance) 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
Powell v. Metropolitan Life Insurance, 746 So. 2d 114, 98 La.App. 4 Cir. 1755, 1999 La. App. LEXIS 2724, 1999 WL 814020 (La. Ct. App. 1999).

Opinions

11 McKAY, Judge.

STATEMENT OF THE CASE

Charles Powell filed suit for personal injuries allegedly sustained when he was [115]*115exposed to asbestos from 1955 to 1962 while he was employed by Exxon (formerly Humble Oil) as a roustabout. Plaintiff alleged Jones Act seaman status as a member of the crew aboard “LST”s, which are converted tank landing ships used in WWII that measure some 250 feet in length. Absent seaman status, plaintiffs tort claim against Exxon, his employer, would be barred. Contesting plaintiffs seaman status, Exxon filed a motion for summary judgment. The trial court found that plaintiff was not a Jones Act seaman and granted Exxon’s motion for summary judgment in open court on June 26, 1998. A written judgment to that effect was signed on June 29, 1998. The plaintiff filed an application for supervisory writs with this Court on July 11, 1998, arguing that the trial court erred in finding that he was not a Jones Act seaman, and in taking that question from the jury. On September 10, 1998, this Court granted plaintiffs writ and reversed the | ¿judgment of the trial court. However, the Supreme Court remanded the case for briefing, argument and an opinion by this Court.

DISCUSSION

The standard of who qualifies as a seaman was clarified in Chandris, Inc. v. Latsis, 515 U.S. 347, 115 S.Ct. 2172, 132 L.Ed.2d 314 (1995). The two-fold test provided for seaman status in Chandris is: 1) the worker’s duties must contribute to the function of the vessel or to the accomplishment of its mission; and 2) the worker must have a connection to a vessel (or an identifiable group of vessels) in navigation that is substantial in terms of both its duration and its nature. The second requirement was rephrased later in the opinion: “the Jones Act remedy is reserved for sea based maritime employees whose work regularly exposes them to the ‘special hazards and disadvantages to which they who go down to sea in ships are subjected.’ ” Chandris (quoting Seas Shipping Co. v. Sieracki, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099 (1946)). The Court also stated that “the ultimate inquiry is whether the worker in question is a member of a vessel’s crew or simply a land-based employee who happens to be working on the vessel at a given time.” Chandris, 115 S.Ct. at 2191. In addition the Court reiterated its statement from Wilander that “the inquiry into seaman status is of necessity fact specific; it will depend on the nature of the vessel and the employee’s precise relation to it.” Chandris (quoting McDermott Int’l, Inc. v. Wilander, 498 U.S. 337, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991) ). As a rule of thumb to be used as a guideline the Court opined that “a worker who spends less than 30% of his time in the service of the vessel in 13navigation should not qualify as a seaman under the Jones Act.” Chandris, 115 S.Ct. at 2191. The Court further noted that the Jones Act was intended to protect sea-based maritime workers, who owe their allegiance to a vessel, and not land-based employees, who do not.

As to whether the determination of seaman status is a question of law or fact, the Court stated:

It is important to recall that the question of who is a “member of a crew,” and therefore who is a “seaman,” is a mixed question of law and fact. Because statutory terms are at issue, their interpretation is a question of law and it is the court’s duty to define the appropriate standard. Wilander, 498 U.S., at 356, 111 S.Ct., at 818. On the other hand, “[i]f reasonable persons, applying the proper legal standard, could differ as to whether an injured person who was a ‘member of a crew,’ it is a question for the jury.” Ibid. See also Senko, 352 U.S., at 374, 77 S.Ct., at 417 (explaining that “the determination of whether an injured person who was a ‘member of a crew1 is to be left to the finder of fact” and that “a jury’s decision is final if it has a reasonable basis”). The jury should be permitted, when determining whether a maritime employee has the requisite employment-related connection to a vessel in navigation to qualify as a member of the vessel’s crew, to consider [116]*116all relevant circumstances bearing on the two elements outlined above.

Chandris, 515 U.S. at 369, 115 S.Ct. at 2190.

As to whether summary disposition may be appropriate in certain cases, the Court stated: “Where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from the jury by granting summary judgment or a directed verdict.” Chandris, 515 U.S. at 370, 115 S.Ct. at 2191.

In this case, the plaintiff argues he was exposed to asbestos during performance of his duties aboard the LSTs involving assembling and installing production equipment, cutting gaskets, working with asbestos packing material, Rmixing asbestos-containing drilling muds, working in the vicinity of others using asbestos, and bunking on board the LSTs next to friable asbestos pipe insulation. In his opposition to the motion for summary judgment, the plaintiff outlined his duties as: attending safety meetings concerning onboard procedures aboard LSTs, performing maintenance and cleaning duties aboard LSTs during inclement weather, performing evacuation and man overboard drills aboard the LSTs, training in on-ship fire-fighting aboard LSTs, and regularly securing supply and crew vessels alongside LSTs. At his deposition, Mr. Powell explained the workings of the LSTs. The LSTs would be attached to a fixed platform, and some work such as the assembly of equipment to be installed on the platform was performed on the LST. Mr. Powell would bunk on the LST. The LSTs had no engines, so after a job was finished, the LST would be towed to another location. The crew would get back and forth from the LST on converted shrimp boats or occasionally aboard speedboats or helicopters. The LSTs stocked life-saving equipment, lifeboats, life floats, life jackets, navigational lights, bilge pumps, foghorns, radar and ship-to-shore transceivers and other communication capabilities. The crew always consisted of the same men. In his affidavit, Mr. Powell further stated that he spent more than 30% of his time performing employment related duties aboard the LSTs.

At the hearing, the trial court stated that its main consideration was whether LSTs are vessels for the purposes of the statute. Counsel for the defense stated:

[T]he fact of the matter [was] that a substantial portion of [the plaintiffs] work was not related to the mission of the vessel. The only mission that the vessel had was to provide housing and sleeping quarters for the men who worked aboard the production, the oil field platform.
| fiEven by Mr. Powell’s own admission, only thirty percent of his work was done on the fixed platform and all of that work was done for purposes of the assemblers and separators and precip-itators for installation on the production of the well itself.

Defense counsel contended that the vessel never had a mission, that it was in fact incapable of sailing, that it was anchored and fixed to the platform on which the plaintiff did 70% of his work.

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746 So. 2d 114, 98 La.App. 4 Cir. 1755, 1999 La. App. LEXIS 2724, 1999 WL 814020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-metropolitan-life-insurance-lactapp-1999.