In re Lasala

• Decision Date: 29 October 2021
• Docket Number: CIVIL ACTION NO. 18-11057,c/w 18-11138, 19-9706 19-9798, 19-9819
• Parties: In the MATTER OF Gabriel LASALA, as Owner of the 2016 World Cat Model 295CC, for Exoneration From or Limitation of Liability
• Court: U.S. District Court — Eastern District of Louisiana

569 F.Supp.3d 364

In the MATTER OF Gabriel LASALA, as Owner of the 2016 World Cat Model 295CC, for Exoneration From or Limitation of Liability

CIVIL ACTION NO. 18-11057

c/w 18-11138, 19-9706 19-9798, 19-9819

United States District Court, E.D. Louisiana.

Signed October 29, 2021

Paul D. Palermo, Craig V. Sweeney, Blue Williams, LLP, Michael R. Delesdernier, Michael Delesdernier, Attorney at Law, Metairie, LA, for Gabriel Lasala.

Valerie Briggs Bargas, Kolby P. Marchand, Kinchen, Walker, Bienvenu, Bargas, Reed & Helm, LLC, Baton Rouge, LA, Randall Jay Poelma, Jr., Doyen Sebesta & Poelma, LLP, Houston, TX, for Foremost Insurance Company Grand Rapids, Michigan.

John H. Denenea, Jr., Brian G. Shearman, Shearman-Denenea, LLC, New Orleans, LA, for Dale Presser, Sally Presser.

Gayle Anne Reynolds, Gayle A. Reynolds, Attorney at Law, Metairie, LA, for Melanie Patterson, Randall Patterson, Marc Junot, Brittney Wallace.

Courtney Crowell, Robert R. Johnston, Constance C. Waguespack, Jacques P. DeGruy, Kristin Kay Robbins, Pusateri, Johnston, Guillot & Greenbaum, LLC, New Orleans, LA, for Cantium, LLC.

Valerie Briggs Bargas, Kolby P. Marchand, Kinchen, Walker, Bienvenu, Bargas, Reed & Helm, LLC, Baton Rouge, LA, Randall Jay Poelma, Jr., Doyen Sebesta & Poelma, LLP, Houston, TX, for Foremost Insurance Company, Foremost Insurance Company Grand Rapids, Michigan.

Vincent J. Glorioso, Jr., Maria B. Glorioso, Glorioso Law Firm, Metairie, LA, for Gabriel Lasala.

SECTION D (2)

THIS DOCUMENT RELATES TO ALL CASES FINDINGS OF FACT AND CONCLUSIONS OF LAW

WENDY B. VITTER, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This case arises from a vessel's allision with a fixed platform. As described in detail below, on the evening of April 28, 2018, a vessel navigated by Gabriel Lasala allided with a fixed platform owned by Cantium, LLC, in the Gulf of Mexico. Lasala maintains that the allision was caused by Cantium's failure to comply with applicable U.S. Coast Guard regulations for the fixed platform. Cantium maintains that the allision was caused by Lasala's negligence. As a result of the allision, the passengers aboard the vessel, including Lasala, Dale Presser, Dale Presser's minor son, C.P., Marc Junot and Randall Patterson, sustained damages.

Following the allision, various suits were filed. Lasala filed a Complaint-in-Limitation.¹ Although the Court initially issued a monition,² it later granted Cantium's Motion for Partial Summary Judgment Regarding Gabriel Lasala's Entitlement to Limitation of Liability upon determining that Lasala was at least partially at fault for the allision and had knowledge and privity of his own actions.³ The Court then lifted the concursus and dissolved the limitation action.⁴

Lasala also asserted a claim of platform negligence against Cantium.⁵ The Pressers asserted claims of negligence against Lasala and Cantium.⁶ The Pressers have since settled their claims against Cantium.⁷ The Pressers’ claim against Lasala is included in this opinion. Passengers Marc Junot and Randall Patterson, along with their respective wives, asserted claims of negligence against Lasala and Cantium.⁸ The Junots and Pattersons have since settled their claims against both Lasala and Cantium. Cantium has filed a claim against Lasala for damage to the platform.⁹ Lasala has asserted certain claims against his insurer, Foremost.¹⁰ The Court has bifurcated Lasala's claims against Foremost, and this opinion does not consider those claims.¹¹ The Court has dismissed other claims, including intentional spoilation claims asserted against Foremost, Lasala's insurer, and contribution and indemnity claims asserted by Cantium against Lasala.¹² This opinion deals with the remaining claims.

The Court has determined that admiralty law applies to the claims asserted in this matter.¹³

This matter was tried before the Court without a jury from June 17, 2021 through June 23, 2021. The Court has carefully considered the testimony of all of the witnesses and the exhibits entered into evidence during the trial, as well as the record in this matter. Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the Court enters the following Findings of Fact and Conclusions of Law. To the extent that any finding of fact may be construed as a conclusion of law, the Court hereby adopts it as such. To the extent any conclusion of law may be construed as a finding of fact, the Court hereby adopts it as such.

II. FINDINGS OF FACT

A. The Allision

On April 28, 2018, Gabriel Lasala gathered with Randall Patterson, Marc Junot, Dale Presser, and Dale Presser's minor son (C.P.) at Lasala's home in Kiln, Mississippi, for the purpose of going on an overnight fishing trip.¹⁴ Before departing, Lasala inspected his vessel, a 2016 World Cat Model 295CC, to ensure it worked properly, including checking the batteries and bilge pumps.¹⁵ Lasala had also recently done work on the vessel, including replacing one bilge pump and three batteries.¹⁶ Lasala had extensive familiarity with boats, having owned them for approximately forty years.¹⁷ Patterson had experience with boats and had owned boats most of his adult life.¹⁸ Further, he had previously gone fishing with Lasala numerous times on both overnight and day fishing trips.¹⁹ Junot also had done a good bit of in shore fishing in his life and had previously been on offshore fishing trips.²⁰ The group departed on Lasala's vessel between 2:00 p.m. and 4:00 p.m.²¹

The party initially navigated to Freemason Island, and arrived around sunset.²² Lasala beached the boat at Freemason Island, and the group fished off the back of the boat for bait fish.²³ Lasala was drinking Bud Light beer and Mike's Hard Lemonade during this time period, but stopped drinking alcohol before sunset.²⁴ The initial plan had been to spend the night on Freemason Island, and at one point Dale Presser and his son went onto the island in search of firewood.²⁵ While beached at Freemason Island, Lasala noticed there were issues with the boat.²⁶ Specifically, Lasala noticed that the bilge light was on.²⁷ Lasala asked Marc Junot to look in the bilges, which Junot did, but he did not see any water.²⁸

Lasala heard over his radio that fish were biting near the Horseshoe Rigs, which were over two hours away.²⁹ Lasala therefore chose to leave Freemason Island and head for the Horseshoe Rigs.³⁰ When Lasala attempted to restart the vessel's engines, Lasala could not get the engines to crank, as his batteries were running low.³¹ Lasala therefore engaged in an "emergency parallel" in which he could essentially combine the power of the batteries in order to get the engines to crank.³² The engines would then, in theory, charge the batteries.³³ After getting his engines to start, Lasala noticed that the batteries were charging.³⁴ Lasala also opened the bilges at this time, and discovered eight to ten inches of water.³⁵ Other than asking Junot to look in the bilges, Lasala did not advise any of the passengers of the boat issues at this time.

At that point, Lasala departed for the Horseshoe Rigs.³⁶ About 30-45 minutes later the party stopped at a large rig which was lit up "like a Christmas tree" and continued to fish for bait.³⁷ Patterson was asleep while the parties were at the rig.³⁸ After leaving the rig, Marc Junot and C.P. laid down in the bow of the boat, and C.P. went to sleep.³⁹ Dale Presser remained awake with Lasala, who navigated the boat toward the Horseshoe Rigs.⁴⁰

While navigating toward the Horseshoe Rigs, the problems Lasala previously experienced with his vessel resurfaced. Specifically, his bilge light was on (indicating that the bilge pumps were actively pumping water out of the vessel), and his batteries were draining.⁴¹ At this point, Lasala turned off his radar and all other electronics other than his navigation lights and his GPS.⁴² The radar would have shown platforms in the area Lasala was navigating, including the MP 37 BE platform.⁴³ Lasala increased the vessel's RPMs, hoping to increase the charge to his batteries.⁴⁴ He abandoned the trip to the Horseshoe Rigs, and headed south toward Baptiste Collette and Northeast Pass as a way to get to Venice, a safe port.⁴⁵ The vessel was traveling at about 20 to 25 miles per hour.⁴⁶ Lasala did not alert anyone aboard the vessel, including Dale Presser (who was awake), of the issues with the vessel or his decision to abandon the trip.⁴⁷ Lasala did not appoint a lookout, or ask Dale Presser or any of the other passengers to help him identify and avoid obstructions.⁴⁸ Presser sometimes went to the back of the boat, and did so shortly before the allision discussed below.⁴⁹ Visibility was ideal during this time period, and the moon was almost completely full.⁵⁰

Shortly before midnight, between 20-45 minutes after leaving the Christmas Tree platform,⁵¹ Lasala navigated the vessel directly into the north side of the Main Pass ("MP") 37 BE Platform.⁵² The allision caused significant damages to the vessel, and harmed the passengers aboard.⁵³ Dale Presser and Lasala were both trapped under the vessel's T-Top.⁵⁴ All of the passengers were eventually able to get onto the platform. Patterson was eventually able to make a mayday call.⁵⁵ Hours later, the party was rescued, and Lasala and Dale Presser were airlifted to University Medical Center.⁵⁶ The remaining passengers travelled back to land on a Coast Guard boat.⁵⁷

B. The Nav Aid Light

1. The Platform

The Main Pass 37 BE ("MP 37 BE") platform is an oil platform off the coast of Louisiana.⁵⁸ The platform has existed since the 1960s.⁵⁹ Initially owned by Chevron, ownership was transferred to Cantium, LLC ("Cantium") in 2017.⁶⁰ As relevant to this dispute, the platform has at times been modified, including to expand its size and to alter the navigational aid light ("nav-aid"). In 2002, Chevron submitted an application to the Minerals Management Service, the predecessor to the Bureau of Safety and Environmental Enforcement ("BSEE"), to modify the platform.⁶¹ At the time of the application,...