Christopher Batiste v Superior Energy Services, LLC
Plaintiff Christopher Batiste filed suit against defendant Superior Energy Services, LLC ("Superior").
On November 22, 2006, Batiste was employed as a deckhand aboard the M/V Fortitude. This vessel was owned and operated by Superior. Batiste was performing his assigned duties, which included changing a hose on a water pump aboard the vessel. The captain of the vessel asked Batiste and another deckhand to do the job, but the other deckhand was cooking, so Batiste was sent to do the job alone.
Batiste felt a pop in his back as he was changing the hose. Batiste acknowledged the job needed more than one person, but he had realized this too late to ask for help. He reported the accident and was sent to an orthopaedist, who diagnosed him with a lumbrosacral strain. Batiste continued to have back pain.
On March 3, 2007, Batiste was again working on the vessel. He was employed as a deckhand assisting in a wireline operation, and climbed up several feet. The wrench he was using slipped and Batiste fell about three to four feet onto grating and injured his lower back. Section 6.13 of the safety manual had instructed employees to use a stepladder instead of climbing.
Batiste filed a negligence suit under the Jones Act. He also filed suit for unseaworthiness and maintenance and cure under general maritime law. He sought damages for both injuries that occurred while employed by Superior.
Whether the Court will find for Batiste under his (1) Jones Act claim, (2) unseaworthiness and/or, (3) maintenance and cure for either/both of his two accidents.
For the first accident in 2006, Batiste and Superior argued what the weight of the pump was. Neither party submitted documents saying the actual weight. Therefore this Court determined that there was no liability, either for negligence or unseaworthiness for the first accident.
Batiste received no maintenance for his first injury. Because of his work schedule, he missed no work. Thus, he was not entitled to maintenance. However, the Court determined that Batiste reached maximum medical improvement November 29, 2006. Thus, Superior owed him cure for all medical expenses related to treatment through that date.
For the second accident in 2007, this Court held that Batiste should have used a stepladder to complete his task, instead of climbing. His failure to do so constituted a failure to act with ordinary care, meaning he was the sole cause of his second accident. Superior was not negligent, nor was the vessel unseaworthy.
Batiste received both maintenance and cure for his second accident. The accident occurred while Batiste was employed by Superior, and he missed work as a result. Thus, the Court determined that Batiste would receive maintenance and cure from March 3, 2007, through April 28, 2008.
Under the Jones Act, a seaman's employer is liable for damages if the employer's negligence caused the seaman's injury. The employer is held to a standard of ordinary care under the circumstances. Thus, a seaman is entitled to recover under the Jones Act if his employer's negligence was the cause of his injury.
For a vessel to be found unseaworthy, the injured seaman must prove that the owner failed to provide a vessel, including her equipment and crew, which is reasonably fit and safe for the purposes for which it is to be used. The duty to provide a seaworthy vessel is absolute and completely independent of the duty under the Jones Act to exercise reasonable care.
Maintenance and cure is a duty imposed upon a shipowner to provide for a seaman who becomes ill or injured during service to the vessel. The duty is implied in maritime employment contracts and is not based on negligence or fault of the shipowner.
Steve Gordon
http://www.offshoreinjuries.com
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