Robinson v. Marine
| Decision Date | 30 August 2012 |
| Docket Number | No. 01–11–00745–CV.,01–11–00745–CV. |
| Citation | 422 S.W.3d 1 |
| Parties | Verleshia ROBINSON and Jouan Jackson, Appellants v. AMERICAN OVERSEAS MARINE and Patton Caldwell, Appellees. |
| Court | Texas Court of Appeals |
OPINION TEXT STARTS HERE
Reginald E. McKamie, Sr., Law Office of Reginald E. McKamie, Sr., P.C., Houston, TX, for Appellants.
David Jude Comeaux, Flyn Lee Flesher, Stephen Eric Hart, Ogletree Deakins Nash Smoak & Stewart, P.C., Houston, TX, for Appellees.
Panel consists of Justices HIGLEY, SHARP, and HUDDLE.
In this maritime case, Verleshia Robinson and Jouan Jackson sued American Overseas Marine and its employee Patton Caldwell.1 The two defendants sought summary judgment against the plaintiffs on the ground that the plaintiffs' claims are barred by two federal statutes: the Suits in Admiralty Act 2 and the Public Vessels Act.3 The trial court granted the motion and rendered judgment dismissing Robinson's and Jackson's claims with prejudice.
On appeal, Robinson and Jackson challenge the trial court's judgment dismissing their claims. Raising two issues, they contend that the trial court erred by rendering summary judgment against them.
We affirm.
At the time of the alleged incidences giving rise to this suit, Verleshia Robinson and Jouan Jackson worked as crew members aboard the USNS Benavidez. They were employees of American Overseas Marine (“AMSEA”).
As represented in the vessel's certificate of ownership, the Benavidez is a public vessel owned by the United States of America, represented by the Navy Department and operated by the Military Sealift Command. The vessel is used to transport military personnel and cargo.
In 2004, the United States, through the Military Sealift Command, contracted with AMSEA to operate and to maintain the Benavidez. Pursuant to the contract, the United States delivered the Benavidez to AMSEA's care and custody in May 2005.
In 2009, Robinson and Jackson filed suit against AMSEA and its employee Patton Caldwell, the Benavidez's chief steward. In their first amended petition, Robinson and Jackson alleged as follows:
While working as a member of the crew of the USNS Benavidez Plaintiff, Jouan Jackson, informed the captain of the ship and the designated person ashore, Robin Booth, of an assault upon crew member Verleshia Robinson by the Chief Steward, Patton Caldwell, while in the course and scope of her duties. Verleshia Robinson and Jouan Jackson also informed the Captain and the designated person ashore, Robin Booth, of the Chief Steward's lack of hygiene and lack of observance of health practices necessary to protect the safety of the crew of the ship including allowing human blood to contaminate the food stuffs of the USNS Benavidez. Verleshia Robinson and Jouan Jackson also informed the designated person ashore of the Chief Steward's and Captain's drunkenness while aboard ship during the course of their duties and informed the designated person ashore that such drunkenness endangered the entire crew and the seaworthiness of the vessel.
AMSEA had terminated Jackson's employment in July 2007. Jackson alleged that AMSEA fired him in retaliation for reporting the misconduct of Caldwell and the ship's captain. Jackson averred that he “was discharged in a foreign port and forced to fend for himself and to pay for his travel back to the United States from Crete, Greece in violation of the shipping agreement.” Jackson also alleged that prior to his termination he was subjected to “cruel treatment and humiliation” onboard the vessel.
Jackson sued AMSEA and Caldwell for breach of his employment agreement and for wrongful termination. In addition, he asserted claims for negligence and vessel unseaworthiness under the Jones Act and for unseaworthiness and negligence under the general maritime law. Jackson sought, “[b]y reason of the shipping agreement,” recovery for “pay and vacation and lodging in getting back to the United States.” He also sought “pre-judgment interest for breach of contract, attorney fees and exemplary damages for the humiliation and damages caused by making a seaman have to fend for himself in a foreign port when he was deserted by the master of the vessel in a foreign port.”
In the petition, Robinson alleged that Caldwell assaulted her while she was performing her duties onboard the Benavidez. She averred that Caldwell “attacked [her] while in the course and scope of [Caldwell's] duties while she was on duty in the galley of the ship.” Specifically, Robinson alleged that Caldwell assaulted her “by forcefully and aggressively poking his finger into her breast area.” She averred that AMSEA has “condoned and ratified such assault.” Robinson alleged that, after she reported shipboard misconduct, she “was subjected to abuse, cruel treatment, harassment and humiliation during her remaining period aboard the vessel by [Caldwell].”
Robinson asserted claims for negligence and vessel unseaworthiness under the Jones Act and for unseaworthiness and negligence under the general maritime law. In addition, Robinson asserted a civil assault claim. She sought “actual damages, exemplary damages and attorney fees” “[b]y reason of the physical assault upon her person.”
After answering the suit, AMSEA and Caldwell filed a Rule 166a(c) traditional motion for summary judgment. They argued that the Suits in Admiralty Act and the Public Vessels Act barred Jackson's and Robinson's claims against them. Citing those two federal acts, the defendants asserted that, because they were acting as agents of the United States while operating the Benavidez, plaintiffs' exclusive remedy lies against the United States. On this ground, the defendants requested summary judgment and dismissal of the plaintiffs' claims.
Robinson and Jackson responded. They argued that, under the Suits in Admiralty Act and the Public Vessels Act, a plaintiff's remedy is exclusively against the United States only when a remedy against the United States is permitted. The plaintiffs pointed out that two of the remedies they sought, attorney's fees and punitive damages, are not permitted against the United States. Thus, they argued, their claims are not barred by the two federal acts.
The trial court granted AMSEA's and Caldwell's motion for summary judgment and dismissed Jackson's and Robinson's claims with prejudice. This appeal followed. Robinson and Jackson raise two issues on appeal challenging the trial court's summary judgment. Jackson and Robinson (hereinafter “Appellants”) contend that the Suits in Admiralty Act and the Public Vessels Act do not bar their claims against AMSEA and Caldwell (hereinafter “Appellees”).
To prevail on a traditional summary judgment motion, a movant must prove that there is no genuine issue regarding any material fact and that it is entitled to judgment as a matter of law. SeeTex. R. Civ. P. 166a(c); Little v. Tex. Dep't. of Criminal Justice, 148 S.W.3d 374, 381 (Tex.2004). A defendant moving for summary judgment must either (1) disprove at least one element of the plaintiff's cause of action or (2) plead and conclusively establish each essential element of an affirmative defense to rebut the plaintiff's cause. Cathey v. Booth, 900 S.W.2d 339, 341 (Tex.1995).
The movant must conclusively establish its right to judgment as a matter of law. See MMP, Ltd. v. Jones, 710 S.W.2d 59, 60 (Tex.1986). A matter is conclusively established if reasonable people could not differ as to the conclusion to be drawn from the evidence. See City of Keller v. Wilson, 168 S.W.3d 802, 816 (Tex.2005). In our de novo review, we consider all the evidence in the light most favorable to the nonmovant, crediting evidence favorable to the nonmovant if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not. See Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844, 848 (Tex.2009).
If the movant meets its burden, the burden then shifts to the nonmovant to raise a genuine issue of material fact precluding summary judgment. See Centeq Realty, Inc. v. Siegler, 899 S.W.2d 195, 197 (Tex.1995). The evidence raises a genuine issue of fact if reasonable and fair-minded jurors could differ in their conclusions in light of all of the summary judgment evidence. Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754, 755 (Tex.2007).
Appellees moved for summary judgment on the basis that the undisputed facts and plain language of the Suits in Admiralty Act and the Public Vessels Act established, as a matter of law, that Appellants' claims against them are barred because Appellants' exclusive remedy lies against the United States. To the extent that the issues presented in this appeal involve statutory construction and the application of a statute to undisputed facts, we determine the issues as a matter of law. See Dep't. of Family & Protective Services v. Alternatives in Motion, Inc., 210 S.W.3d 794, 798 (Tex.App.-Houston [1st Dist.] 2006, pet. denied); Gramercy Ins. Co. v. Auction Fin. Program, Inc., 52 S.W.3d 360, 363 (Tex.App.-Dallas 2001, pet. denied).
The Suits in Admiralty Act (“SAA”), 46 U.S.C. §§ 30901–30918, and the Public Vessels Act (“PVA”), 46 U.S.C. §§ 31101–31113, permit admiralty suits to be brought against the United States for causes of action arising out of the operation of vessels owned by or operated for the United States. See46 U.S.C. § 31102 (); id. § 30903 (). Each act operates as a waiver...
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