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Harper v. Falrig Offshore12/20/2000
Mr. Randy Harper worked on a Falrig Offshore, Inc.'s (Falrig) jack-up rig (Falrig 19) more than three miles off Louisiana's coast. On the morning of November 7, 1996, his supervisor ordered him to install a rain shield over the crew's living quarters entrance. While working from a wooden stepladder approximately 45 inches above the deck, he fell while reaching for a sledge hammer being handed to him from above the first deck level. As a result of his fall, he broke his left heel bone and injured his back and neck. Later, he filed suit against his employer, Falrig, and its insurer, Steamship Mutual Underwriting Association Limited (Steamship), alleging unseaworthiness and negligence under the Jones Act. He also sued the ladder manufacturer, Blue Ribbon Ladder Company (Blue Ribbon)but it reached a minimal settlement before trial. After a bench trial, the trial court assessed 75% of the fault to Mr. Harper and 25% to Falrig. It awarded $75,505.00 for past and future medicals; $250,000.00 for past, present, and future pain and suffering; $20,000.00 for loss of household services, and $606,528.00 for past and future lost wages.
All parties appealed. Mr. Harper devolutively appeals; Falrig and Steamship suspensively appeal. All question the trial court's future wage loss award. Falrig and Mr. Harper appeal the fault findings and its apportionment. Steamship contends that the trial court should have dismissed it from the suit under the Louisiana Direct Action Statute, La.R.S. 22:625. Mr. Harper alleges that the trial court erred in its involuntary dismissal decisions, in finding Falrig 19 to be seaworthy, and in granting its general damages awards.
We affirm the trial court's findings of fault concerning Falrig, its apportionment of fault between the parties, its finding that the vessel was seaworthy, the general damages award, and the involuntary dismissal decisions. However, we reverse the future wage loss award and remand for a new trial on that issue. We also reverse the trial court's decision not to dismiss Steamship from this case and cast Falrig with the appeal costs.
On November 7, 1996, Falrig employed Mr. Harper as a welder, as a part of the rig's crew. On that day, Falrig operated a jack-up drilling rig, Falrig 19, more than three miles off of southwest Louisiana's coast. When Mr. Harper started work at 6:00 a.m., the rig's supervisor told him to install a metal rain shield over the doorway to the sleeping quarters.
Mr. Harper filled out a Job Safety Analysis form (JSA), describing the job task and how to accomplish it. Mr. Harper read the JSA to his supervisor, Mr. Allen Brewer, and several other rig workers, who were present at the safety meeting. Mr. Brewer did not suggest any changes to the proposed work method. The JSA stated, in part, that the area should be roped off and that there should be a fire watch because of the planned welding. As a storm was approaching, they wanted to get the shield up before it arrived.
In order to construct the rain shield, Mr. Harper had to cut a piece of 3/16 thick metal to a size of six feet long and 48 inches wide. He welded padeyes on the metal so that a crane operator could hook up his slings and lift it into place. After the crane lifted the metal into place, Mr. Harper marked the wall with a straight edge. Then, he used a grinder to buff the paint off the wall in those areas where he planned to tack-weld the shield. To reach the areas on the wall to buff them, Mr. Harper stood on a six-foot wooden stepladder. This part of the operation required him to move the ladder several times. Then, the crane operator lifted the shield from the deck to put it in place for the final installation.
While t
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