Bridges v. Penrod Drilling Company

740 F.2d 361 (5th Cir. 1984)

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Nature of the Case

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Facts

Offshore's ship was in the process of delivering cargo to D. The cargo included a score of 55-gallon drums stowed on the very stern of the ship, lashed with a chain binder. When the ship reached the drilling rig the seas were running to 12 feet and the wind was out of the southeast at up to 35 knots. The captain determined to remain at anchor and defer transferring the cargo until conditions improved. During a lull in the weather, the vessel which was moored to the rig stern first to the drilling platform began pumping drilling mud and water up to the rig. Shortly after the vessel moored the winds changed to the northeast, reaching a velocity variously estimated between 40 and 60 knots with seas estimated as running between 10 and 15 feet. Waves were breaking over the side of the vessel. Several drums had escaped their lashing and were rolling free on the stern. The captain and crew of the ship acted as if unaware of the unseaworthy conditions caused by the washing back and forth of the cargo. Despite the severe weather, D's supervisory personnel were intent on resuming drilling. P was ordered aboard the vessel to unload the casing hanger. A more experienced roustabout first refused to allow the crane operator to lower him in a personnel basket to the stern of the ship for that purpose because of the high seas and the free-rolling drums. Despite the danger, P was ordered to descend to the deck of the ship. He followed the orders of his superiors and was injured moments after reaching the deck when one of the runaway drums crushed him against a piece of heavy equipment. P sued D invoking the Jones Act. P sued D and Offshore under general maritime law. D and Offshore claimed indemnity from each other and D alternatively claimed contribution. P's claims were settled for $330,000, with contributions of $270,000 from D and $60,000 from Offshore. The district court rejected all claims of indemnity and apportioned liability 2/3 to D and 1/3 to Offshore. Offshore appealed.