Adams v. Texaco, Inc.

640 F.2d 618 (5th Cir. 1981)

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Nature of the Case

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Facts

Ps was injured while working as a master of Eymard's (D) crewboat, at a time when it was under contract with D to service the latter's offshore operations. P sued both Eymard (D) and D under the Jones Act and the general maritime law. Ds filed cross-claims against one another for indemnification and contribution. P and Eymard (D), the shipowner, settled his claim. In the jury trial P's damages were fixed at $25,000, and he was found to have been 70% contributorily negligent, with each of Ds being found to have been 15% negligent. At the bench trial of the cross-claims, the court found neither party entitled to indemnification, but D was ordered to pay Eymard (D), by way of contribution, 15% of the maintenance and cure that Eymard (D) had paid under the settlement judgment. D appealed.