Loose v. Offshore Navigation, Inc.

670 F.2d 493 (5th Cir. 1982)

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Nature of the Case

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Facts

Loose (P), an Australian citizen employed by Offshore Navigation (D) as a mobile electronics operator, was disembarking from the Deep Sea Explorer when he fell off the gangplank. He seeks to recover from injuries to his arm and shoulder, basing his claims on negligence and the unseaworthiness of the vessel. Offshore Navigation (D) and its subsidiary, International Offshore Navigation (International (D)), provide precise electronic navigational services for underwater seismic operations. International (D) Geosource, of which Petty Ray Geophysical (Petty Ray) is a division, to conduct seismographic studies in the Eastern Caribbean, off the Coast of Nicaragua. D was to guide the placement of the seismograph with its Shoran system. Petty Ray chartered the Deep Sea Explorer from Guzzetta Offshore Marine Service, Inc. (Guzzetta Offshore), under an instrument that was, in title and content, a typical bareboat charter. Petty Ray then entered into an agreement with Midnight Boat Corporation (Midnight Boat) to furnish a crew to operate the vessel. Midnight Boat and Guzzetta Offshore are both corporations owned by the Guzzetta family. The vessel was to transport the Petty Ray team and its seismographic equipment as well as Offshore Navigation's Shoran crew, which included P. The master of the vessel, a Midnight Boat employee, was solely responsible for the navigation of the vessel and the direction of its crew. He had no authority over the seismographic work, which was performed entirely by Petty Ray personnel under the direction of Scott Hunt, a Petty Ray employee, or over the Shoran operation, which was performed by D's crew. P filed suit against D for negligence under the Jones Act; against Guzzetta Offshore, the vessel owner, for negligence under general maritime law; and against Petty Ray, the vessel's bareboat charterer, for negligence under general maritime law. P alleged that the Deep Sea Explorer was unseaworthy. Petty Ray filed a third-party complaint against International (D), which had agreed to indemnify it, and against Midnight Boat, which had supplied the crew for the vessel. Each defendant filed cross-claims against all the other defendants for indemnity, including attorney's fees and costs of defense. Summary judgment was granted against P in favor of D and International (D). The jury returned a verdict for P in the amount of $61,500. It found that Petty Ray was actively negligent, contributing 50% to Loose's injuries, Midnight Boat was passively negligent, contributing 25%, the Deep Sea Explorer was unseaworthy, contributing 25% to Loose's injuries, and Guzzetta Offshore was not negligent. The district judge interpreted this verdict as absolving all defendants except Petty Ray. He awarded attorney's fees and costs to Guzzetta Offshore, Midnight Boat, D, and International (D) as the indemnity due them. P appealed.