Wright v. Ocean Drilling & Exploration Co.

444 So. 2d 129
CourtLouisiana Court of Appeal
DecidedFebruary 10, 1984
DocketCA-0891
StatusPublished
Cited by8 cases

This text of 444 So. 2d 129 (Wright v. Ocean Drilling & Exploration Co.) 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
Wright v. Ocean Drilling & Exploration Co., 444 So. 2d 129 (La. Ct. App. 1984).

Opinion

444 So.2d 129 (1983)

Earl WRIGHT
v.
OCEAN DRILLING & EXPLORATION COMPANY, et al.

No. CA-0891.

Court of Appeal of Louisiana, Fourth Circuit.

December 9, 1983.
Motion to Dismiss Writ Application Granted February 10, 1984.

*131 Owen J. Bradley, Michael R. Guidry, New Orleans, for appellee.

Michael A. McGlone, James R. Silverstein, New Orleans, for appellants.

Before GULOTTA, KLEES and WARD, JJ.

GULOTTA, Judge.

In this suit under the Jones Act and general maritime law, Ocean Drilling & Exploration Company (ODECO) appeals from a $129,701.00 judgment in favor of plaintiff, who suffered a partial amputation of his right thumb while employed on defendant's drilling ship. We amend and affirm.

The accident occurred on September 27, 1981, on ODECO's ship Ocean Tempest. Plaintiff Earl Wright, a "roughneck" on the drilling floor, was removing drill pipe from the well hole when his thumb was smashed between the pipe top and heavy hoist equipment lowered to him by a fellowworker.

In written reasons for judgment, the trial judge concluded that Wright's co-worker, the hoist operator, was negligent "in dropping the elevator too quickly and in an unsafe manner", and that Wright was "free of contributory negligence". The damage award includes an amount for impairment of Wright's future earning capacity because of a 20% permanent disability to his right hand.

Appealing, ODECO contends the trial court erred: 1) in not finding plaintiff contributorily negligent; 2) in finding an impairment of plaintiff's earning capacity as an offshore oil worker; and 3) in awarding an excessive amount of damages and interest. In answer to the appeal, plaintiff seeks an increase in the award for loss of future wages.

NEGLIGENCE

ODECO argues that plaintiff negligently contributed to his injury by improperly clenching the handles of the hoist equipment instead of "palming" them with open hands. We reject this contention.

In the repetitive process of "tripping out" or removing drill pipe from the well hole, Wright's job was to guide the descending *132 hoist equipment onto the pipe top protruding "waist high off the drill floor". As a co-employee, known as a "driller", operated a console to lower the heavy device within their reach, Wright and a fellow "roughneck" seized it and influenced its lateral swing above the pipe so that its "elevators" or clamps could be latched around the pipe.

According to Wright, at the time of this accident, he grabbed the elevator handles or "ears" of the equipment as he had done "hundreds of times" before, but the driller caused the device to descend "too fast", smashing his thumb between the pipe and the elevator handle. Wright testified that "two seconds" elapsed between the time he first grabbed the elevators until they hit the pipe top, and that he could not have removed his hands before the crash. He further stated that he had grabbed the handles "naturally" as he had learned from observing other roughnecks. He had never been taught how to hold his hands during any ODECO training sessions or safety meetings.

According to William Wade, the operator of the hoist console at the time of Wright's injury, the elevator latch struck the pipe top because the ship "heaved" or rolled with a wave as Wright clenched the elevator handles while attempting to untangle the equipment. Wade testified that "two or three times" before this accident he had told Wright not to grip the elevator handles, but to guide them with open hands as Wade had been instructed when he was a roughneck. Significantly, however, Wade acknowledged, in answer to the court's questions, that the open or closed hand position had nothing to do with Wright's injury in this case, and that Wright was "doing what he was supposed to".

Wright's co-worker on the drilling floor, James Beam, likewise testified that the elevator "hung up", and Wright's thumb was caught between the "ears" on the elevator and the "box of the pipe" as he was trying to "wrassle the elevators off". According to this witness, Wright was working in a normal manner "except for the way he had his hands on the ears", i.e. gripping instead of palming them. James R. Richbourg, another witness to the accident, corroborated Beam's testimony.

David Webb, a driller for ODECO, also testified that he had instructed Wright to palm, not grab, the elevators so that his hands could be removed "clean and quick, if something happens". Webb knew of no "set", written ODECO safety rules, however, requiring placement of hands on the elevator latches in a certain position.

In Jones Act cases, a seaman's duty to protect himself is "slight". Although he must use reasonable care, a seaman has no duty to find the "safest" way to perform his work. Savoie v. Otto Candies, Inc., 692 F.2d 363 (5th Cir.1982); Ceja v. Mike Hooks, Inc., 690 F.2d 1191 (5th Cir.1982); Cooper v. Keyes Offshore, Inc., 421 So.2d 385 (La.App. 1st Cir.1982). Only where it is shown that a plaintiff knew or should have known of a safe alternative available to him can his choice of an unsafe course of action be properly considered in determining whether he was negligent. Ceja v. Mike Hooks, Inc., supra.

The evidence considered, we find no error in the trial judge's conclusion that plaintiff was free of negligence causing his injury. Although ODECO's witnesses testified that plaintiff had been taught to palm rather than clench the elevator handles, Wright denied receiving any such instruction. Furthermore, the evidence is insufficient to prove that palming the handles would have even prevented this particular, sudden accident.

IMPAIRMENT OF EARNING CAPACITY

According to ODECO, the trial judge's finding of an impairment of earning capacity disregards medical testimony that Wright can return to work as a "roughneck". Alternatively, ODECO argues that Wright's frequent change of jobs during his work history does not support a conclusion that he would have remained in offshore *133 work, despite his ability to do so. We disagree.

The distal tip of Wright's right thumb was partially amputated at the base of the thumb nail. After an unsuccessful attempt to reattach the thumb end, Wright's treating physician removed the damaged part, and grafted a flap of groin skin onto the remaining part of the thumb. This operation restored 80-90% of Wright's thumb length, although the grafted tip lacks sensation, differs in color from the rest of his thumb, and has no nail or bone supporting it.

Several physicians testified at trial or in deposition concerning the effect of this injury on Wright's ability to resume roughneck work. After evaluating the evidence, the trial judge concluded Wright had a 20% permanent disability of his right hand and could not return to his former work at ODECO.

In well written reasons, the trial judge stated:

"Plaintiff has clearly sustained an impairment of his earning capacity. Most of his past employments were general manual labor at minimum wages and on an intermittent basis.
"This employment with ODECO is the penultimate of unskilled manual labor and plaintiff held his job continuously except for a minor illness since September of 1979. Plaintiff earned over $10.00 per hour and received excellent fringe benefits.

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