Cruise Ship Law

JOSEPH THIBODAUX VERSUS C & G BOATS INC.

CIVIL ACTION NO. 03-3617 SECTION "J" (3)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2004 U.S. Dist. LEXIS 25638
December 15, 2004, Decided
December 15, 2004, Filed
December 15, 2004, Entered

PROCEDURAL POSTURE: Defendant ship owner filed a motion to limit the testimony of plaintiff seaman's marine safety expert in connection with an action for negligence under the Jones Act, 46 U.S.C.S. § 688.

OVERVIEW: The seaman was removing P-tank covers to inspect the water tight integrity of the void around the hold. While he was removing one of the covers, he was allegedly injured as a result of the negligence of the ship owner. The ship owner argued that the report and testimony of the seaman's expert should have been limited because: (1) he was not qualified to testify as an ergo dynamics expert; (2) his report was replete with references to OSHA and NIOSH regulations; and, (3) his opinions regarding the ship owner's duty to supervise the seaman's work were within the common understanding of lay jurors. Exercising its gatekeeping function under Fed. R. Evid. 702, the court held that, because the case was to have a non-jury trial, the danger of confusion that might have existed in a jury trial did not exist. The court would consider the report, along with all of the evidence presented at trial, in deciding the merits of the case. At trial, the court would properly limit or disregard any expert testimony that was neither helpful nor within the scope of the witness's expertise.

OUTCOME: The court denied the ship owner's motion to limit expert testimony and report without prejudice to urge any objections to specific testimony at trial.