Knight v. Kirby Offshore Marine Pacific, L.L.C.

983 F.3d 172 (5th Cir. 2020)

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Nature of the Case

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Facts

P was a seaman aboard the M/V SEA HAWK, a tugboat owned by D that was then towing a barge. As an offshore tankerman, P was responsible for all the deck labor: loading and discharging cargo, assisting with repairs, and general heavy lifting for both vessels. The SEA HAWK housed a stern line used when entering and exiting ports to secure the barge to the tug. The line was more than 100 feet long and several inches thick. The line chafed and when the vessels were in the open sea and the stern line was no longer in use, the captain ordered Pand another crewmember, Ladd, to change out the line. Four-foot seas and winds of at least 20 miles an hour caused the SEA HAWK to roll. P and Ladd removed the chafed line and placed it on the deck next to them. As they were installing the new line, P stepped on the chafed line and injured his ankle. P claimed that the rocking of the SEA HAWK caused him to lose his balance. As discussed infra, Knight's injury prevents his returning to work in the same capacity. P filed a Jones Act negligence claim. The court concluded: D was negligent because 'there were safer times to issue the order to change the line'; and P was contributorily negligent because he failed to 'watch his footing while replacing the chafed stern line' and failed to 'move the chafed stern line to a location on the boat where he would not have stepped on it'. The court assigned equal fault to each party. The court awarded $60,000 for past and future general damages for pain and suffering. His total damages of approximately $344,000 were reduced proportionately to his assignment of 50% fault. The court denied P’s Rule 59(e) post-trial motion to alter or amend the judgment. P claimed that, as a matter of law, a seaman may not be held contributorily negligent for carrying out an order. P appealed.