Cruise Ship Law

MACK ATES VERSUS MALLARD BAY DRILLING, INC.

01-0836
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT
01-0836 (La.App. 3 Cir, 12/12/01); 2001 La. App. LEXIS 2958
December 12, 2001, Decided

PRIOR HISTORY: APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERIA, NUMBER 81,648, GERARD B. WATTIGNY, DISTRICT JUDGE.

DISPOSITION: Affirmed.

PROCEDURAL POSTURE: The Sixteenth Judicial District Court, Parish of Iberia (Louisiana), entered a final judgment in favor of plaintiff employee and against defendant employer, and awarded damages, after the employee sued the employer under the Jones Act, 46 U.S.C.S. § 688, and general maritime law for injuries the employee sustained aboard the employer's vessel on which he was working. Both parties appealed.

OVERVIEW: The employee worked for the employer as a rig mechanic. He was on light duty status with the employer while he recovered from surgery and from back pain from a previous accident. He was then assigned to a particular vessel that needed a mud pump repaired. That job required heavy manual labor, which was ordinarily part of the employee's responsibilities but for his light duty status. Nevertheless, his supervisor told him to assist with the repair. He did as he was told. The chief mechanic on the rig picked up one end of a 150-pound metal mud slide and gestured to the employee for assistance. The employee had no option but to walk backwards in a very cluttered and narrow work space. He fell and injured his back. After the employee received a judgment for his injuries and was awarded damages, the appellate court found liability was established because the vessel was unseaworthy, as the deck was cluttered and obstructed. It also found the employer was liable for making the employee do work in violation of his light duty restriction and for not providing a safe work area. It further concluded the damage award was supported by the record and should not be disturbed.

OUTCOME: The judgment was affirmed.