Gautreaux v. Scurlock Marine, Inc.

107 F.3d 331 (5th Cir. 1997)

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Nature of the Case

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Facts

D hired Gautreaux (P) as the BROOKE LYNN's relief captain in October 1993. Orgeron was her first and permanent captain. P was qualified for the position, having worked as a tanker man since the early 1980s and having recently earned a United States Coast Guard master's license. The BROOKE LYNN is equipped with two towing winches on her bow, which are used to secure lines joining the BROOKE LYNN to the barges in her tow. The starboard side winch is hydraulic, and the port side winch is electric. P was instructed on her operation of the winches by Archie Scurlock. Orgeron took P on a tour of the vessel, showing him her layout and familiarizing him with her equipment. Orgeron showed P the manual crank handle that accompanied the port side electric winch and told him that it was to be used to override the electric switches on the winch if they failed. If the winch became 'bound up' and failed to engage by use of the electric ignition switch, the manual crank should be attached to the winch motor and turned a few times to 'unbind' the winch, and then the electric ignition switch should be used to try to engage the winch. Neither Scurlock nor Orgeron told P that if he needed to use the manual crank handle to unbind the winch, he should not leave it on the winch motor when attempting to engage the winch by use of the electric ignition switch. Four months after he was hired, a barge discharging its cargo began to rise in the water, eventually causing the towing wires to become taut. P attempted to relieve the tension in the wires by unwinding them from the winches. He released the starboard wire first, which caused that side of the BROOKE LYNN to drop and the port side towing wire to become even tighter. P attempted to release the port side wire, but the electric winch would not work. He attached the manual crank and began turning the crank while simultaneously pressing the electric ignition switch. When the motor started, the manual crank handle flew off and struck P on the right side of his face, crushing his right eye and inflicting other severe injuries. P sued D, alleging negligence and unseaworthiness. The district court charged the jury that a Jones Act seaman needed to exercise only 'slight care' for his own safety. The jury returned a verdict in favor of P on his Jones Act negligence claim but found the BROOKE LYNN seaworthy. The jury apportioned fault 95% to D and 5% to P and awarded a total of $ 854,000 in damages. D appealed claiming that a seamen, should be held to that of a reasonably prudent person exercising ordinary or due care under like circumstances. The panel affirmed the district court's judgment and this en banc rehearing followed.