Van Atta v. Team Services, Inc.

684 So. 2d 472, 96 La.App. 1 Cir. 0190, 1996 La. App. LEXIS 2719, 1996 WL 666079
CourtLouisiana Court of Appeal
DecidedNovember 8, 1996
Docket96 CA 0190
StatusPublished
Cited by2 cases

This text of 684 So. 2d 472 (Van Atta v. Team Services, 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
Van Atta v. Team Services, Inc., 684 So. 2d 472, 96 La.App. 1 Cir. 0190, 1996 La. App. LEXIS 2719, 1996 WL 666079 (La. Ct. App. 1996).

Opinion

684 So.2d 472 (1996)

Eddie VAN ATTA
v.
TEAM SERVICES, INC.

No. 96 CA 0190.

Court of Appeal of Louisiana, First Circuit.

November 8, 1996.
Rehearing Denied January 7, 1997.

*473 Christopher B. Siegrist, Houma, for Appellee Plaintiff Eddie Van Atta.

David K. Johnson, Baton Rouge, for Appellant Defendant Team Services, Inc.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOIL, Judge.

This appeal challenges numerous aspects of a trial court's determination that plaintiff is entitled to damages under the Jones Act and general maritime law. After a thorough review of the record, we reverse, finding manifest error in the trial court's finding that plaintiff is a "seaman."

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff, Eddie Van Atta, brought this lawsuit against his maritime employer, Team Services, Inc., seeking to recover damages under the Jones Act, 46 U.S.C.App. § 688, and general maritime law. The record reflects that plaintiff was hired by defendant on June 9, 1993, to work as a laborer in defendant's yard. That month, plaintiff was assigned to work as a galley hand on a quarterbarge owned by defendant. According to plaintiff, at approximately 3:00 a.m. on one June morning, the generators on the barge malfunctioned. The record reflects that there were three generators on the barge, and plaintiff was responsible for "switching over" the generators, which required that he periodically service the generators. There were flashlights on board the barge, but this particular morning, plaintiff was unable to locate one. He proceeded to the room housing the generators in his house slippers. After successfully starting a generator, plaintiff returned to the galley to make coffee. Fifteen minutes later, the generators shut down again. Plaintiff went back to the generator room, started one successfully, and proceeded to the back of the darkened room to turn on the other generator. In so doing, plaintiff *474 "banged his foot" on something in the room. He attested that his foot was smashed and bleeding. Plaintiff testified that he attempted to enlist the help of men on the barge to start the generators, but was told the job would have to wait until morning.

Plaintiff left the quarterbarge in late June or the first week in August to seek medical attention for his foot. He later returned to work at defendant's yard, and in September of 1993, sustained a second injury to his foot while working in the yard. The parties also stipulated that in December of 1993, plaintiff was injured while working in defendant's yard and received benefits under the Longshore and Harbor Worker's Compensation Act. Plaintiff ceased working for defendant on December 23, 1993.

Defendant urged that plaintiff was not a seaman, but was a land-based employee limited to the remedies provided for in the Longshore and Harbor Worker's Compensation Act. Defendant also argued that plaintiff was not entitled to seaman status because the quarterbarge did not qualify as a vessel for purposes of the Jones Act and general maritime law. Additionally, defendant contested liability, asserted plaintiff's own contributory negligence, and challenged causation as well as plaintiff's disability claim.

Following a trial, the court held that the quarterbarge qualified as a "vessel" under maritime law and that plaintiff proved a substantial connection to that vessel sufficient to entitle him to seaman status. The court found that plaintiff proved that he was "permanently assigned to a vessel" even though he was hired as a laborer, spent most of his six-month employment period working in defendant's yard, and admitted that he knew the assignment was merely temporary in duration.

Upon finding seaman status, the trial court found defendant liable on the Jones Act claim and the unseaworthiness claim. The court believed that the failure of the defendant to provide an alternative lighting source in the room housing the generators constituted negligence, and also rendered the quarterbarge "defective." The court also rejected defendant's contributory negligence argument, finding that the fact plaintiff wore his house slippers to work on the generators did not constitute negligence because there was no employer policy requiring employees to wear their work boots on the quarterbarge. Finally, the trial court dismissed defendant's argument that plaintiff was not "disabled" due to a pre-existing condition, and awarded plaintiff damages totaling $156,700.00.

Defendant took this appeal, challenging virtually every one of the trial court's rulings, including: (1) seaman status; (2) liability; (3) disability; and (4) the amount of damages awarded for pain and suffering, future wage loss and loss of earning capacity and future medical expenses. Because we find merit in defendant's claim that the trial court erred in finding that the quarterbarge qualified as a Jones Act vessel, we pretermit discussion of all other issues raised in this appeal.

STANDARD OF REVIEW

Recently, in Milstead v. Diamond M Offshore, Inc., 95-2446 (La. 7/2/96), 676 So.2d 89, 96, the Louisiana Supreme Court directed state appellate courts to apply Louisiana's manifest error standard of review in general maritime and Jones Act cases. Under the manifest error standard of review enunciated in Stobart v. State of Louisiana, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993), in order to reverse a factual determination, an appellate court must find (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong or manifestly erroneous. The issue to be resolved by a reviewing court is not whether the factfinder's conclusion is right or wrong, but whether the conclusion is a reasonable one. Reasonable evaluations of credibility and reasonable inferences of fact may not be disturbed on review where conflicts exist in the testimony. Nevertheless, although this court must give great deference to the trier of fact, we have a constitutional duty to review facts and reverse verdicts of a trial court that are clearly wrong based on the evidence, or are clearly without evidentiary support. Ambrose v. New Orleans Police Department Ambulance Service, 93-3099 (La. 7/5/94), 639 So.2d 216, 221.

*475 The sole issue we review today is that of seaman status, which is inherently fact specific. Michel v. Total Transportation, Inc., 957 F.2d 186, 189 (5th Cir.1992). Because seaman status is a mixed question of fact and law, the federal appellate courts review a district court's underlying factual findings and factual inferences deduced therefrom under the clearly erroneous standard. The legal conclusions reached by the factfinder based upon the factual findings are reviewed as an issue of law. Id. In light of Milstead v. Diamond M Offshore, Inc., this court will review the trial court's underlying factual findings and inferences drawn therefrom under Louisiana's manifest error standard of review as set forth in Stobart.

SEAMAN STATUS

To recover from an employer under either the Jones Act or the general maritime law, a plaintiff must be a "seaman." 46 U.S.C.App. § 688(a); Pavone v. Mississippi Riverboat Amusement Corporation, 52 F.3d 560, 565 (5th Cir.1995).

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Bluebook (online)
684 So. 2d 472, 96 La.App. 1 Cir. 0190, 1996 La. App. LEXIS 2719, 1996 WL 666079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-atta-v-team-services-inc-lactapp-1996.