Jackson v. OMI Corp.

Decision Date04 April 2001
Docket NumberNo. 00-40173,00-40173
Citation245 F.3d 525
Parties(5th Cir. 2001) JAMES A. JACKSON, JR., Plaintiff-Appellee / Cross-Appellant, v. OMI CORPORATION, et al, Defendants, OMI COURIER TRANSPORT, INC., Defendant-Appellant / Cross-Appellee
CourtU.S. Court of Appeals — Fifth Circuit

Appeals from the United States District Court for the Southern District of Texas

Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge*.

W. EUGENE DAVIS, Circuit Judge.

Following a bench trial, OMI Courier Transport, Inc. ("OMI") was found liable for injuries sustained by Plaintiff Jackson on the basis that its vessel the OMI Courier was unseaworthy and that it was negligent. OMI appeals that decision and the district court's allocation of only 50% contributory negligence to Jackson. Jackson also appeals the allocation of contributory negligence. Because the record does not support the finding that the vessel OMI Courier was unseaworthy or that OMI was negligent, we REVERSE.

I.

Plaintiff Jackson was chief steward aboard the OMI Courier and, although he was new to the Courier, had 35 years of seagoing experience. On March 3, 1998, while the vessel was en route to Mobile, Alabama, Jackson sought out the bosun to discuss an assignment he had received from the Captain that he felt interfered with other duties that needed his immediate attention. While going from the galley to the weather or work deck, he attempted to pass through a doorway and tripped or lost his balance and fell, sustaining injuries that are the basis of this lawsuit. The parties do not dispute that Jackson is a seaman, that the accident occurred or that Jackson was injured in the accident. The district court, after a full bench trial, found that Jackson's injuries were proximately caused by the negligence of OMI and the unseaworthiness of the vessel Courier. The court awarded damages of $227,629.34 after reduction for Jackson's 50% contributory negligence, together with pre- and post-judgment interest.

The Door

The door through which Jackson was attempting to pass had an opening approximately 5 feet high by 3 feet wide. The bottom edge of the doorway was not level with the deck, but raised to create a coaming. A coaming at least 15 inches above the deck is required by Coast Guard regulations to prevent water from flooding from the forward work deck to the accommodation area of the deck. At its highest point, the coaming on this doorway extended 17 3/4 inches above the deck. This was the highest point over which someone would have to step while traversing the doorway. When approaching the door from the interior space of the vessel to reach the outer deck, the first structure encountered is a horizontal stiffener which is approximately 11 inches above the deck and extends 10 inches from the face of the door. The structure of the door also includes vertical steel stiffeners on either side of the doorway which, like the horizontal stiffener, extend approximately 10 inches from the door. Inside these vertical stiffeners, there is a 3/4 inch thick wall surface that projects 5 inches toward the opening of the door.

Photos demonstrate and expert testimony indicates that a crew member going through the doorway could step completely over the stiffener and the coaming to the outer deck (a distance of approximately 12 inches). Alternatively, one could step on the stiffener, using it as a step, and then step over the remaining height of the coaming onto the deck. Whichever method was chosen, the vertical steel stiffeners as well as the edge of the doorway itself are available to use as steadying points.

Jackson's Fall

Jackson fell as he was attempting to pass through the doorway. As he described the events, as his forward foot touched the deck he was already losing his balance. His hand slipped from its grip on the edge of the doorway and his trailing foot hit the coaming. He thought that his forward foot may have come into contact with "something." Although the deck may have been wet from the butterworthing operations that were being conducted at that time, no evidence was produced that oil or other slippery substances were present in the area of the doorway. Nor does the record contain any evidence of any hoses or other equipment on the forward side of the doorway that might account for the "something" that Jackson thinks he stepped on. Two crew members who witnessed the accident...

To continue reading

Request your trial
119 cases
  • Counts v. Gen. Motors
    • United States
    • U.S. District Court — Eastern District of Michigan
    • June 9, 2022
    ... ... Cal. 2018); In re Duramax Diesel Litig. , 298 ... F.Supp.3d 1037, 1054 (E.D. Mich. 2018); In re Toyota ... Motor Corp. Unintended Acceleration Mktg., Sales Pracs., ... & Prods. Liab. Litig. , 826 F.Supp.2d 1180, 1191-92 ... (C.D. Cal. 2011) ... (5) that they actually did rely on it; and ... (6) that it caused injury ... Jackson v. W. Telemarketing Corp. Outbound , 245 F.3d ... 518, 525 (5th Cir. 2001) (citations omitted) ...          In ... ...
  • Counts v. Gen. Motors, LLC
    • United States
    • U.S. District Court — Eastern District of Michigan
    • June 9, 2022
    ... ... Supp. 3d 927, 951–52 (N.D. Cal. 2018) ; In re Duramax Diesel Litig. , 298 F. Supp. 3d 1037, 1054 (E.D. Mich. 2018) ; In re Toyota Motor Corp. Unintended Acceleration Mktg., Sales Pracs., & Prods. Liab. Litig. , 826 F. Supp. 2d 1180, 1191–92 (C.D. Cal. 2011). Finally, Plaintiffs’ ... Jackson v. W. Telemarketing Corp. Outbound , 245 F.3d 518, 525 (5th Cir. 2001) (citations omitted). In general, "[i]n an arms-length transaction where none ... ...
  • Counts v. Gen. Motors
    • United States
    • U.S. District Court — Eastern District of Michigan
    • June 9, 2022
    ... ... Cal. 2018); In re Duramax Diesel Litig. , 298 ... F.Supp.3d 1037, 1054 (E.D. Mich. 2018); In re Toyota ... Motor Corp. Unintended Acceleration Mktg., Sales Pracs., ... & Prods. Liab. Litig. , 826 F.Supp.2d 1180, 1191-92 ... (C.D. Cal. 2011) ... (5) that they actually did rely on it; and ... (6) that it caused injury ... Jackson v. W. Telemarketing Corp. Outbound , 245 F.3d ... 518, 525 (5th Cir. 2001) (citations omitted) ...          In ... ...
  • In re Marquette Transp. Co., LLC
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • February 14, 2018
    ...for which it was intended to be used.’ " Boudreaux v. United States , 280 F.3d 461, 468 (5th Cir. 2002) (quoting Jackson v. OMI Corp. , 245 F.3d 525, 527 (5th Cir. 2001) ). This also gives rise to a claim for negligence under the Jones Act. "The standard is not perfection, but reasonable fi......
  • Request a trial to view additional results
1 books & journal articles
  • SIERACKI'S REVIVAL: SEAMAN-STATUS FOR PILOTS MAKING WAVES IN THE FIFTH CIRCUIT.
    • United States
    • Loyola Maritime Law Journal Vol. 22 No. 1, January 2023
    • January 1, 2023
    ...(Eckland & Blando, 2021). (207) Id. (208) Rivera, 983 F.3d at 817. (209) Id. (210) Id. (211) Id. at 818 (citing Jackson v. OMI Corp., 245 F.3d 525, 527 (5th Cir. 2001)). (212) Id. at 818 (citing Jackson, 245 F.3d at 527-28). (213) Rivera, 983 F.3d at 818 (citing Jussila v. M/T La. Brims......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT