Comeaux v. T. L. James & Company, Inc

666 F.2d 294 (5th Cir. 1982)

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Nature of the Case

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Facts

P was employed by D as a mate on the dredge ARMADILLO. P normally supervised a crew of three deckhands and two boat hands in maintaining the pontoon lines. To perform his duties, P made use of two work boats, the MISS FRANCES and the BEN JAMES. On October 2, 1977, P discovered he had no boat hands or deckhands to assist him in his duties, as these other crew members had quit the previous day. P was also advised by the prior shift that the lights on the pontoon line were out. Because of the rough weather and lack of crew, P told his immediate supervisor, the leverman, that dredging operations should be suspended until he could secure some help in maintaining the pontoon lines. The leverman told P to go do his job, and rather than waking the crew from the previous shift, to get the galleyhand, Larry Tucker, to assist him. Tucker had no experience as a deckhand or boathand and in addition, was blind in one eye. The nonfunctioning battery-powered lights on the line were necessary to see the line for pulling, P and Tucker proceeded to take the MISS FRANCES out to replace the batteries. P piloted the MISS FRANCES to the pontoon lines, positioned the bow against the cylinder, put it in forward gear, and instructed Tucker to hold the wheel as steady as possible while P attempted to replace the batteries. While P was changing a battery, Tucker either moved the wheel or tampered with the controls causing the MISS FRANCES to move forward. P lost his balance and fell on his back. He was almost killed when the bow of the boat ran over him. After running the MISS FRANCES back to the dredge and reporting the accident, P was subsequently transferred to the hospital where he was treated for a contusion and tenderness over the lower lumbar and sacral area by Dr. Phillips. P, in considerable pain, continued to work for several more days. P also suffered a second injury to his back. P and his crew were fastening the pontoon lines together when the BEN JAMES rammed into the line and knocked P and two deckhands overboard. P asserted that the second accident was caused by a defective throttle on the BEN JAMES. P reported the incident and consulted an orthopedic specialist. After two operations on his back, Comeaux continues to suffer pain and is unable to perform work requiring heavy lifting or bending. P brought suit against D and its insurer, Highlands Insurance Co. (Highlands) under the Jones Act, 46 U.S.C. § 688 and General Maritime Law claiming a ruptured disc resulting from these two accidents, each of which was brought about by the negligence of D, the unseaworthiness of the dredge and the two tender vessels, or both. As to the first accident, the jury found Jones Act negligence on the part of D and no unseaworthiness of either the dredge or the workboat MISS FRANCES as proximate cause. The verdict fixed damages in the amount of $ 150,000 but the jury determined that P was contributorily negligent to the extent of 75%. The jury made a finding that no second accident had occurred. Judgment was entered in the amount of $37,500 ($ 150,000 reduced by 75%). P's motions for j.n.o.v., new trial, and additur were denied. P appealed.