Judy Hymes Green, et al. v CCS Energy Services LLC, et al.
This action arose out of the deaths of Clyde Green and Robert Lipton on December 2, 2007. Prior to their deaths, both men were employed by Grand Isle Shipyards, Inc. ("GIS"), who was not a party to this action.
On the date of the men's deaths, GIS was engaged by Chevron USA, Inc. to perform tank cleaning work on the supply vessel M/V Terry Bordelon.
After the vessel was docked in Venice, Louisiana, the two men were sent aboard to begin cleaning. The details of their deaths remain uncertain. According to the complaints, both men were inside the vessel's "mud tank" when they were overcome by toxic fumes. Both men died shortly afterwards.
Two sets of plaintiffs filed complaints, which the Court consolidated. Together, the plaintiffs alleged that various negligent acts committed by defendants permitted toxic gas to be introduced into the mud tank, and thereby caused the two deaths. The plaintiffs seek compensatory damages for wrongful death and survival, as well as punitive damages.
Chevron and the other defendants filed a motion for summary judgment, seeking to have the plaintiffs' claims dismissed.
Whether the Court (1) will award the plaintiffs compensatory and punitive damages, or (2) grant summary judgment for the defendants
In looking at whether to grant summary judgment, the Court first determined the Longshore and Harbor Workers Compensation Act ("LHWCA") would govern this action. None of the parties disputed that decedents were maritime workers covered under the LHWCA or that Chevron and the other defendants were "vessels" within the LHWCA's meaning. With that established, the Court said the plaintiffs' only means of recovery against the defendants was for vessel negligence.
Under the LHWCA, there are three duties that vessel owners owe to workers. First, "turnover duty," which relates to the condition of the ship upon commencement of loading and unloading the vessel. Second, the shipowner must exercise reasonable care to prevent injuries to longshoremen in areas that remain under the "active control" of the vessel. Finally, the "duty to intervene" concerns the vessel's obligations with regard to cargo operations.
First, the presence of drilling mud on the ladder and resulting slipperiness was an obvious risk that a reasonably competent tank cleaner should have expected to encounter. The Court found that the risk was obvious and a skilled cleaner should have foreseen the risk. Summary judgment was granted for the vessel interests on turnover duty.
Next, there was nothing to support an inference that others were aware of dangerous gas on the vessel. It would be impermissible for a jury to infer anything from such little evidence. Summary judgment must be entered for the vessels' interests.
The Longshore and Harbor Workers Compensation Act ("LHWCA") grants covered maritime workers an exclusive remedy against a "vessel" for injuries caused by the negligence of the vessel.
The LHWCA defines "vessel" broadly to include both the physical vessel on which the worker was injured and the vessel's owner, owner pro hac vice, agent, crew member, and operator.
The Supreme Court has determined that vessel owners owe three duties to workers. (1) "Turnover Duty"- relates to the ship's condition upon beginning the loading and unloading of cargo; (2) the shipowner has the responsibility to exercise reasonable care to prevent injuries to longshoremen in areas that areas that remain in their control; and (3) "Duty to Intervene"- concerns the vessel's obligations to cargo operations.
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