Savoie v. Lafourche Boat Rentals, Inc.

627 F.2d 722 (5th Cir. 1980)

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Nature of the Case

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Facts

Savoie was employed as the captain of the C/B MISS DETTE, a crew boat owned and operated by P. P was hired by D to transport crews and supplies to a D barge known as LOFFLAND 154. On February 24, 1977, while the MISS DETTE was detailed to D, Savoie boarded the D barge to eat and watch television. Early the following morning, he attempted to descend a flight of stairs on the barge. The stairway was well-lighted, but a metal beam protruded at an inconvenient height above the stairs. Savoie could not use the stairway without ducking to avoid the beam. Savoie had used the stairway before but apparently forgot about the beam on this occasion. Savoie struck his head against the beam and fell down the stairway to the deck below. Savoie sustained serious injuries from the fall and required approximately $20,000 in medical services. Savoie brought suit against P and D. Savoie received maintenance and cure payments from P. P sought reimbursement from D for the maintenance and cure payments. The trial court found that both D and Savoie were negligent, and awarded P the full amount it paid to Savoie. D appealed.