Barnett v. Sea Land Service, Inc.

• Decision Date: 18 May 1989
• Docket Number: No. 88-3576,88-3576
• Citation: 875 F.2d 741
• Parties: James BARNETT and Irene Barnett, Plaintiffs-Appellees, v. SEA LAND SERVICE, INC., Owner of the M/V GALVESTON, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 741

875 F.2d 741

1989 A.M.C. 1773

James BARNETT and Irene Barnett, Plaintiffs-Appellees, v. SEA LAND SERVICE, INC., Owner of the M/V GALVESTON Defendant-Appellant.

No. 88-3576.

United States Court of Appeals Ninth Circuit.

Argued and Submitted March 10, 1989.

Decided May 18, 1989.

Vincent R. Larson, Rodney L. Brown, Jr., Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., for defendant-appellant.

Robert D. Duggan, Emily Vrieze Glueck, Levinson, Freidman, Vhugen, Duggan, Bland & Horowitz, Seattle, Wash., for plaintiffs-appellees.

Appeal from the United States District Court for the Western District of Washington at Tacoma.

Before WRIGHT and ALARCON, Circuit Judges, and TEVRIZIAN, ¹ District Judge.

TEVRIZIAN, District Judge:

Defendant-Appellant Sea Land Service, Inc. was sued for damages arising out of an injury aboard its vessel M/V GALVESTON. Plaintiffs-appellees are the victim of the accident and his wife. The district court had subject matter jurisdiction pursuant to its admiralty jurisdiction under 28 U.S.C. Section 1333(1) and Federal Rule of Civil Procedure 9(h).

On June 3, 1985, Plaintiff-appellee James Barnett ("Mr. Barnett") was injured while working as a longshore working boss/foreman on board the M/V GALVESTON, a vessel operated by defendant-appellant Sea Land Service, Inc. The accident occurred after Mr. Barnett returned from lunch. He attempted to reach the vessel's forward hatches, but he found that both the port and starboard passageways were blocked by overhanging hatch covers at the No. 8 hatch located amidship. An overhanging cover which blocks a passageway in this fashion prevents normal access, but leaves a three to four foot crawl space beneath it. Mr. Barnett received a call on his radio instructing him that he needed to get to work. He attempted to climb over one of the covers but he lost his footing and fell scraping his leg and bruising his right shin. After the accident, Mr. Barnett immediately left the vessel to report his accident to his employer and to receive first aid.

Mr. Barnett suffers from venous insufficiency. This condition impairs normal healing of wounds. Mr. Barnett has suffered previous leg injuries which required special treatment because of his venous insufficiency. The other incidents occurred in 1978, 1982 and 1983. During the 1982 incident, one of Mr. Barnett's doctors suggested that Mr. Barnett wear padding such as soccer-style shin guards as a possible way of avoiding injury. Mr. Barnett was not wearing shin guards on the day of the accident.

After the accident, Mr. Barnett's treating physician instructed him to avoid excessive standing and walking on the job. A few days later, Mr. Barnett returned to work.

The bruise on Mr. Barnett's shin began to ulcerate. Three weeks after the accident he had to leave work to undergo skin graft surgery to replace the skin over his injury. Mr. Barnett missed approximately 11 weeks of work as a result of the skin graft surgery. Two months after returning to work, Mr. Barnett started treatment for right knee problems relating to the accident. He had to work fewer hours while being treated for his knee problems.

When Mr. Barnett sued for damages resulting from his accident, the trial court assigned the lawsuit to mediation under Western District of Washington Local Rule 39.1. No signed settlement resulted, although appellant believes that a settlement agreement was reached at the mediation. Appellees argue that no settlement was reached as there was a mutual mistake regarding the terms of the settlement. At trial, the trial judge barred testimony of the mediator about whether a settlement had been reached on the grounds that Local Rule 39.1 required a writing signed by the parties.

The district court, after a bench trial, found that the defendant Sea Land Service, Inc., carelessly and negligently failed to provide plaintiff, James Barnett, with a safe place to work by failing to provide a safe access from the vessel's gangway to the forward hatch. The district court found that as a direct and proximate cause of defendant's negligence, plaintiff fell and sustained severe injuries to his right shin and knee. Judgment was entered in favor of plaintiff-appellees in the amount of $61,412.26 plus pre-judgment interest accruing from the date of the injury. ² Appellant appeals to this court asserting numerous grounds for reversal. We affirm.

The three major issues appellant raises on appeal are as follows: First, appellant argues that the district court erred in its interpretation of Local Rule 39.1. Second, appellant argues that the district court erred in its holding on the issue of plaintiff's comparative negligence. Third, appellant argues that the district court improperly granted pre-judgment interest on the entire judgment from the date of injury. We take these contentions in turn.

I. LOCAL RULE 39.1

Appellant contends that the district court erred as a matter of law by not allowing the introduction of evidence that a settlement had been reached during the mediation session. We review questions of law de novo. United States v. McConney 728 F.2d 1195 (9th Cir.) cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).

Local Rule 39.1 of the Western District of Washington sets forth procedures for mediation, arbitration and special masters. The parties to the instant dispute participated in mediation under this rule. The provision which lies at the heart of the appellant's first contention is Local Rule 39.1(d)(3), which provides as follows:

Proceedings Privileged. All proceedings of the mediation conference, including any statement made by any party, attorney or other participant, shall, in all respects, be privileged and not reported recorded, placed in evidence, made known to the trial court or jury, or construed for any purpose as an admission against interest: No party shall be bound by anything done or said at the conference unless a settlement is reached, in which event the agreement upon a settlement shall be reduced to writing and shall be binding upon all parties to that agreement.

Although the parties entered into mediation, the appellees refused to sign a settlement agreement prepared by the appellant after the mediation took place. At trial, the district judge refused to allow testimony by the mediator as to whether a settlement had been reached. Appellant contends that a settlement was reached.

Appellees argue that there was a mutual mistake and no settlement was ever consummated. Appellee argues that under Local Rule 39.1(d)(3), since no written settlement was consummated, none exists and therefore the district court was correct in not accepting evidence of a settlement.

We agree with the appellees' interpretation of the Local Rule. While appellant focuses on the language which provides that no party shall be bound unless a settlement is reached, we believe that the last phrase of Local Rule 39.1(d)(3) is controlling. It provides that once a settlement is reached it shall be reduced to writing and shall be binding upon the parties. We interpret this to mean that until a settlement is reduced to writing, it is not binding upon the parties. When a settlement is not binding no evidence may be introduced under Local Rule 39.1(d)(3). This ruling is reached only under the language of Western District of Washington Local Rule 39.1 and is not meant to be a general pronouncement on when binding settlements are reached in other cases, disputes and forums.

Therefore we find that the district judge properly applied the Local Rule in question to exclude any evidence that a binding settlement had been reached.

II. COMPARATIVE NEGLIGENCE.

Appellant makes several challenges to the district court's failure to find comparative negligence on the appellee's part. First, appellant argues that the district court did not make an adequate finding on the issue of comparative negligence. Second, appellant argues that the district court erred by substantially adopting findings proposed by appellee. Finally, appellant argues that the record does not support a finding that the appellee was not at fault. We will take these arguments in turn.

A. ADEQUACY OF RULING

Appellant argues that at trial it presented evidence of comparative negligence on Mr. Barnett's part. Appellant contends that the district court's failure to expressly reject any comparative negligence by the appellee is inadequate under Federal Rule of Civil Procedure 52(a). In Vance v. American Hawaii Cruises, Inc. 789 F.2d 790, 792 (9th Cir.1986) this Court examined the standard for assessing a district court's findings and conclusions. We previously stated:

In bench trials, Fed.R.Civ.P. 52(a) requires a court to "find the facts specially and state separately its conclusions of law thereon." One purpose behind Rule 52(a) is to aid the appellate court's understanding of the basis of the trial court's decision. Lumbermen's Underwriting Alliance v. Can-Car, Inc., 645 F.2d 17, 18 (9th Cir.1980). This purpose is achieved if the district court's findings are sufficient to indicate the factual basis for its ultimate conclusions. Kelley v. Everglades Drainage District, 319 U.S. 415, 422, 63 S.Ct. 1141, 1145, 87 L.Ed. 1485 (1943); Fluor Corp. v. United States ex rel. Mosher Steel Co., 405 F.2d 823, 828 (9th Cir.) cert. denied, 394 U.S. 1014, 89 S.Ct. 1632, 23 L.Ed.2d 40 (1969). Failure to comply with Rule 52(a) does not require reversal unless a full understanding of the question is not possible without the aid of separate findings. Alpha Distributing Co. v. Jack Daniel Distillery, 454 F.2d 442, 453 (9th Cir.1972). We will affirm the district court if the findings are sufficiently comprehensive and pertinent to the issues to provide a basis for the decision, or if there can be no genuine dispute about omitted findings. Magna Weld Sales Co. v. Magna Alloys & Research Party, 545 F.2d 668, 671 (9th Cir.1976).

This standard is applicable to the...