SHIPOWNER'S PETITION FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY DENIED IN SEAMAN'S ACTION FOR NEGLIGENCE AND UNSEAWORTHINESS WHERE SHIPOWNER HAD PRIVITY AND KNOWLEDGE OF UNSEAWORTHY CONDITION.
IN THE MATTER OF THE COMPLAINT OF THE PARISH OF PLAQUEMINESAS OWNER OF THE M/ V POINTE-A-LA-HACHE FOR EXONERATION FROM OR LIMITATION OFLIABILITY
CIVIL ACTION NO. 01-2967 SECTION "L"
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2002 U.S. Dist. LEXIS 22222
November 14, 2002, Decided
November 14, 2002, Filed, Entered
DISPOSITION: Court issued findings of fact and conclusions of law. Damages awarded and petition for exoneration from and/ or limitation of liability denied.
PROCEDURAL POSTURE: Petitioner vessel owner sought exoneration from and/ or limitation of liability arising from respondent deckhand's accident on the owner's passenger ferry. The deckhand claimed that his injuries and disabilities were caused or precipitated by the negligence of the owner and/ or the unseaworthiness of the vessel. The owner claimed that the deckhand's injuries were caused by his own negligence and his disabilities were unrelated to the accident.
OVERVIEW: The deckhand was injured after tying up the port stern mooring line and lowering the vehicle ramp. The ramp slipped off the bulwark and rested on the gate which dislodged from its track and fell on the deckhand. The deckhand's hip and foot were broken but he sustained no other injuries. After recovering from his injuries, the deckhand suffered a stroke which was unrelated to the accident that left him totally and permanently disabled. The deckhand received maintenance and care from the owner from the date of his injury and had no claim for past or current maintenance and cure. The court found that the accident was the result of the combined negligence of the deckhand, another seaman, and the unseaworthiness of the vessel. The owner had privity and knowledge of the unseaworthy condition and was not entitled to limit its liability. The vessel was 70 percent liable for the accident based on its own knowledge of the unseaworthiness and the fault attributed to the seaman. The seaman's negligence was within the scope of his employment and thus was attributed to the owner.
OUTCOME: The owner's petition for exoneration from and/ or limitation of liability was denied. The deckhand was awarded damages with an award of prejudgment interest as to the future damages. The owner was liable for only 70% of the damages because of the deckhand's contributory negligence.
