Crane v. Diamond Offshore Drilling, Inc.

• Citation: 743 So.2d 780
• Decision Date: 15 September 1999
• Docket Number: No. 99-CA-166.,99-CA-166.
• Parties: Calvin CRANE v. DIAMOND OFFSHORE DRILLING, INC.
• Court: Court of Appeal of Louisiana (US)

743 So.2d 780

Calvin CRANE v. DIAMOND OFFSHORE DRILLING, INC.

No. 99-CA-166.

Court of Appeal of Louisiana, Fifth Circuit.

September 15, 1999.

Lawrence D. Wiedemann, John H. Denenea, Jr., New Orleans, Louisiana, Attorneys for Appellee.

Richard A. Chopin, John S. Bair, Metairie, Louisiana, Robert Grant, Nelson Wagar, Gretna, Louisiana, Attorneys for Appellant.

Panel composed of Judges H. CHARLES GAUDIN, CHARLES GRISBAUM, Jr. and MARION F. EDWARDS.

EDWARDS, Judge.

Defendants Diamond Offshore Management Company and Diamond Offshore United Kingdom ("Diamond") appeal a judgment of the district court in favor of plaintiff Calvin Crane. For the reasons to follow we affirm the judgment of the trial court, except with regard to the imposition of pre-judgment interest on this maritime case.

Crane was a derrick man employed by Diamond and working aboard the OCEAN ALLIANCE. On March 17, 1994, Crane averred that he was "tailing pipe" (guiding pipe hanging in the derrick into the pipe-rack for storage). He normally worked in the derrick, but on the day in question he was called into the pump room to assist with tailing the pipe, a job which he had performed before. There were two roughnecks on the floor at the time, Philip Johnson and Wayne Culliford. After plaintiff arrived Johnson was called away. Three hands were normally employed for this job. On a mechanical rig, the floor is larger than on a non-mechanical one, so there is a greater distance that the pipe must be moved. Once the three strands of pipe are out of the rotary, the hands put the slips in to keep the pipe in place. According to plaintiff,

"... the driller would slack off the pipe to let the pipe rest on the slip so the slips are holding the weight of the pipe. One of the hands will drive the iron roughneck forward, break it, spin it out. He'll drive it back. When he gets clear, the driller will pick the pipe up and then the other two floor hands will shove the pipe over into the pipe rack."

If the pipe is full of mud, a five foot long collar known as a mud bucket is used. The driller picks up the pipe and lets the mud drain into the bucket and out of an attached hose. It takes two men to put the bucket on while the third man rolls the iron roughneck out of the way. Once the bucket is finished, two men grab the hanging pipe while the third man gets the bucket and hose out of the way. A slug is heavier weighted mud pumped into a drill pipe that causes the mud in the pipe to fall down a string as the pipe is pulled out of the hole, eliminating the need for a mud bucket. In this case, the plug was apparently inadequate and the string was wet, necessitating the bucket.

At the time of the accident there was mud on the rig floor and Crane braced his foot against the iron roughneck track, pushing an 1800 pound strand of pipe. Culliford testified that he tripped over the hose attached to the mud bucket. At some point during the process the pipe strand whipped back on plaintiff, "crunching" him up. When plaintiff tried to stand up, his back was hurting.

He worked the next day, went home and began seeking medical attention. He consulted several doctors who diagnosed a lumbar strain or sprain. However, plaintiff received no major relief to his back pain until he saw Dr. John Watermeier. Dr. Watermeier performed surgery, following which surgery plaintiff's symptoms improved vastly.

Plaintiff filed suit against defendants under the Jones Act and general maritime law. Following trial, the court found Jones Act negligence on the part of Diamond and found the vessel OCEAN ALLIANCE, upon which plaintiff was a crew member, to be unseaworthy. No negligence on the part of plaintiff was found. The judgment awarded plaintiff $799,255.00 in damages, broken down as follows: $150,000.00 for past and future physical pain and suffering, past and future mental anguish, and physical disability; $149,470.00 in past lost wages; $453, 923.00 for future loss of income and fringe benefits; and $45,862.00 in past medical expenses. Pre-judgment interest was granted on the entire judgment from the date of judicial demand.

JONES ACT

Defendant contends that the trial court applied the pre-Gautreaux standard of care in ruling that it was negligent under the Jones Act, and in allocating no fault to the plaintiff for bracing his foot while manually tailing the pipe. Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331 (5th Cir. 1997), held that a Jones Act seaman is required to act as a reasonable seaman under like circumstances and that a Jones Act employer is required to act as a reasonable employer under like circumstances. See Vendetto v. Sonat Offshore Drilling Co., 97-3103 (La.1/20/99), 725 So.2d 474.

In the revised reasons for judgment, the court made the following specific findings of fact:

Calvin Crane was a Jones Act seaman at the time of the accident on March 17, 1994;

Defendant, Diamond Offshore Management Inc., was the Jones Act employer of plaintiff on March 17, 1994;

Diamond Offshore, U.K. was the owner of the OCEAN ALLIANCE at the time of the accident on March 17, 1994;

Plaintiff was acting in the course and scope of his employment with Diamond Offshore Management, Inc. at the time of his accident on March 17, 1994;

Plaintiff was performing tasks in furtherance of the basic purpose of the vessel at the time of the accident on March 17, 1994;

Plaintiff was injured in an accident on the OCEAN ALLIANCE on March 17, 1994, at approximately 0200 hours, while manually pushing 5 inch drill pipe In a racking operation on the drill floor of the OCEAN ALLIANCE;

The lower racking arm on the OCEAN ALLIANCE was negligently broken by Steve Boone (Blue) on, or about, March 16, 1994;

The lower racking arm was reparable with parts aboard the OCEAN ALLIANCE between the time of its breakage and the time of the accident, within thirty (30) minutes to an hour;

The OCEAN ALLIANCE on March 17, 1994, was a totally mechanical rig when operational, thereby eliminating manual contact with drill pipe when tripping in or out of the hole;

The upper racking arm in the derrick was operated by an identical control system as the lower racking arm negligently damaged by Steve Boone (Blue) on, or about, March 16, 1994;

The driller, George Mackenzie, [sic] negligently allowed Steve Boone (Blue) to go into the derrick to operate the upper racking arm knowing that he was inexperienced and had negligently rendered the lower racking arm inoperable on the preceding day;

George Mackenzie, [sic] the driller, knew that Steve Boone (Blue) was not a derrick hand on the OCEAN ALLIANCE and knew that Crane should have been in the derrick on March 17, 1994 instead of the incompetent Steve Boone (Blue);

An employee of Diamond Offshore Management, Inc. pumped an inadequate slug into the well, thereby requiring the floor hands to pull a wet string instead of a dry string;

George Mackenzie, [sic] the driller, negligently sent Phillip Johnson, the third rough neck on the drill floor, to perform another job, thereby reducing the crew below the normal and acceptable compliment;

The plaintiff, and Wayne Culliford, were required to use a mud bucket because of the deficient slug put into the well by an employee of Diamond Offshore Management, Inc.;

The absence of the third floor hand left no one to remove the mud bucket or the mud bucket hose from the path of the two remaining floor hands, who were required to push the drill pipe to its stacking position on the rig floor;

The driller, George Mackenzie, [sic] was in voice and visual contact with the floor hands, but failed to warn them of the tripping hazard, and failed to have the tripping hazard removed from the rig floor, precipitated by the absence of the required third floor hand;

Wayne Culliford tripped over the mud bucket hose and fell to the rig floor, thereby shifting the entire weight of the 5-inch drill pipe to plaintiff;

The drill pipe whipped back as a consequence of Culliford's failing, or the deficient operation of the upper racking arm by Boone, or a combination of both;

The aforesaid accident would have been incapable of occurring if the OCEAN ALLIANCE had been capable of total mechanical function, as it was designed;

Under the circumstances, the tripping of pipe in a partial mechanical and partial manual mode created a hazardous work environment for Crane and his fellow worker;

The deposition testimony of George Mackenzie, [sic] the driller, in the employ of Diamond Offshore Management, Inc., was noticed by defendants, and canceled without explanation;

George Mackenzie [sic] was under the control of the defendant, Diamond Offshore Management Inc.;

Calvin Crane was in excellent health and had no physical problems prior to the accident. However, following the accident, he had continuous and unrelenting problems with his back leading up to the surgery performed by Dr. John J. Watermeier, on the 21st day of September 1995. Prior to the injury of March 17, 1994, Calvin Crane maintained an average of $44,37.38 in gross income while employed with Diamond Offshore Management, Inc., and fringes;

Prior to the injury of March 17, 1994, Diamond Offshore Management, Inc. provided to Calvin Crane fringe benefits, including meals valued at 16:50(sic) per day; medical insurance valued at $3,338.40 per annum; life insurance premiums valued at $141.48 per annum and matching funds of 401 K plan at 3.75% of his gross wages, discounted to present value of $33,868.00.

In February of 1998, Calvin Crane returned to consistent employment, earning $1,500.00 per month in gross income without any fringe benefits.

That Calvin Crane has met the burden of proof required of him as to the causation of his injuries, regardless of whether the standard is "slight" or "reasonable prudence", that his injuries were caused by the negligence of his employer, Diamond Offshore Management, Inc., and the unseaworthiness of the OCEAN ALLIANCE.

Louisiana courts of appeal should apply the manifest error...