Reviea v. Marine Drilling Co.

800 S.W.2d 252, 1990 WL 176003
CourtCourt of Appeals of Texas
DecidedDecember 13, 1990
Docket13-89-407-CV
StatusPublished
Cited by23 cases

This text of 800 S.W.2d 252 (Reviea v. Marine Drilling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reviea v. Marine Drilling Co., 800 S.W.2d 252, 1990 WL 176003 (Tex. Ct. App. 1990).

Opinions

[254]*254OPINION

KENNEDY, Justice.

Appeal is taken from the jury trial of a maritime personal injury suit brought under the Jones Act and general maritime law. Based upon the jury’s verdict, the trial court entered a take nothing judgment in favor of appellee Marine Drilling Company. Appellant Robert Reviea asserts five points of error. We affirm the judgment.

Reviea brought suit against his employer, Marine Drilling Company, alleging that he was injured on its drilling rig and that his injury was caused by either the negligence of Marine Drilling or the unseaworthiness of its vessel. The jury failed to find Marine Drilling negligent and failed to find its vessel unseaworthy. By his first two points of error, Reviea challenges the legal and factual sufficiency of the evidence supporting the jury’s verdict.

At trial, Reviea testified that while he was working on a rotary table, he slipped and fell off the edge, injuring his knee. The rotary table stands approximately two to three inches above the drilling floor. Reviea claimed that the rotary table was covered with slippery fluids and that Marine Drilling’s failure (1) to provide a pad on the rotary table and (2) to provide other devices to aid in traction, made the vessel unseaworthy and established Marine Drilling negligent.

When reviewing a point of error complaining that a jury finding is against the great weight and preponderance of the evidence, an appellate court must examine the record to determine if there is some evidence to support the finding and, if so, that the finding is either so contrary to the overwhelming weight and preponderance of the evidence as to be clearly wrong and manifestly unjust or that the great preponderance of the evidence supports its nonexistence. Cain v. Bain, 709 S.W.2d 175,176 (Tex.1986); Dyson v. Olin Corp., 692 S.W.2d 456, 457 (Tex.1985); Traylor v. Goulding, 497 S.W.2d 944, 945 (Tex.1973); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660, 661 (1951). This standard of review not only applies to a jury’s finding but also applies to a jury’s failure to find. See Ames v. Ames, 776 S.W.2d 154, 158 (Tex.1989), cert. denied, — U.S. -, 110 S.Ct. 1809, 108 L.Ed.2d 939 (1990); Cropper v. Caterpillar Tractor Co., 754 S.W.2d 646, 651 (Tex.1988). Thus, an appellate court may not reverse simply because it concludes that the evidence preponderates toward an affirmative jury finding. Herbert v. Herbert, 754 S.W.2d 141, 144 (Tex.1988). We may reverse only if the great weight of the evidence supports an affirmative finding. Id.

Jones Act Negligence. Under the Jones Act, a seaman may bring a negligence action against his employer. See 46 U.S.C. § 688 (1982). The standard of liability under the Jones Act is established through the Federal Employers’ Liability Act (45 U.S.C. §§ 51-60 (1986)) (“FELA”). Ferguson v. Moore McCormack Lines, Inc., 352 U.S. 521, 523, 77 S.Ct. 457, 458, 1 L.Ed.2d 511 (1957). Recovery is allowed once the seaman establishes that he has been injured as the result of his employer’s negligence. Boeing Co. v. Shipman, 411 F.2d 365, 370 (5th Cir.1969). However, the Jones Act imposes a higher standard of care upon the employer; thus, the seaman has the burden to prove only the employer’s slight negligence. Miles v. Melrose, 882 F.2d 976, 984 (5th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 1783, 108 L.Ed.2d 785 (1990); Rogers v. Eagle Offshore Drilling Serv., Inc., 764 F.2d 300, 304-05 (5th Cir.1985); Allen v. Seacoast Prod., Inc., 623 F.2d 355, 361 (5th Cir.1980).1

[255]*255In the present case, Reviea alleged that Marine Drilling was negligent in two respects: first, failing to provide a rotary pad on the rotary table and, second, failing to provide other devices to aid in traction. At trial, Reviea presented the testimony of three safety experts. Essentially, each testified that the use of a rotary pad would decrease the chances of slipping while working on the rotary table. One testified that he was not sure whether or not the absence of a pad was a deficiency, while another testified that the absence of a pad constitutes negligence. However, the latter expert also testified that his own company’s safety manual does not require a pad on the rotary table. Frankie Wilbourn, a roughneck on the rig, testified that rotary pads are intended to prevent slips. Yet, Bill Hathcock, the rig’s tool pusher, testified that rotary pads were not required on these rigs. In its case-in-chief, Marine Drilling presented the testimony of an expert who stated that sixty to sixty-five percent of the rigs have rotary pads, but, just as Hathcock, he testified that the pads are not required.

Regarding Marine Drilling’s alleged failure to provide other traction devices, the evidence showed that “cocoa mats” were available for an employee’s use. Henderson testified that cocoa mats can be placed on the rotary table to assist the employee’s footing. He further testified that cocoa mats were available for Reviea’s use on the rig, and the decision whether or not to use them is made by the employee.

After carefully reviewing the record, we are mindful that we may not reverse simply because we may conclude that the evidence preponderates toward an affirmative answer. See Herbert, 754 S.W.2d at 144. We conclude that the jury’s failure to find negligence was not so against the overwhelming weight and preponderance of the evidence as to be clearly wrong or manifestly unjust.

The Warranty of Seaworthiness. A vessel owner must provide seamen with a “seaworthy” vessel on which to work. Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 549, 80 S.Ct. 926, 932, 4 L.Ed.2d 941 (1960). Seaworthiness within the context of personal injury litigation refers to a vessel owner’s nondelegable duty to provide a ship which is reasonably fit for its intended use. Id. at 550, 80 S.Ct. at 932; Miles, 882 F.2d at 981. A shipowner’s negligence is not required for a seaman to recover under an unseaworthiness claim because the claim is not based on fault. Mitchell, 362 U.S. at 548, 80 S.Ct. at 932; Mahnich v. Southern S.S. Co., 321 U.S. 96, 100, 64 S.Ct. 455, 458, 88 L.Ed. 561 (1944); Miles, 882 F.2d at 981. Seaworthiness is a warranty that the vessel owner owes to the seaman. Schill,

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Reviea v. Marine Drilling Co.
800 S.W.2d 252 (Court of Appeals of Texas, 1990)

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Bluebook (online)
800 S.W.2d 252, 1990 WL 176003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reviea-v-marine-drilling-co-texapp-1990.