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Diamond Offshore Management Company v. Marks2/27/2003
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
EN BANC.
. Archie Marks was employed by Diamond Offshore Management Company (Diamond), as a roustabout on its vessel, the Ocean Nugget. On April 19, 1998, Marks injured his back while carrying a bucket of water up some stairs. Marks subsequently filed suit against Diamond, and others, claiming, inter alia, breach of contract, negligence under the Jones Act, and maintaining an unseaworthy vessel in violation of general maritime law. After extensive discovery and other pre-trial proceedings, a bench trial was held on June 19, 2000, in the Circuit Court of Harrison County, Mississippi, First Judicial District. The trial court found that Diamond was negligent and that the Ocean Nugget was unseaworthy. It further awarded Marks $3,750,000 in damages. Diamond filed a motion for a new trial, or in the alternative, motion to alter or amend, or for remittitur. The trial court denied the motion for a new trial, but granted the motion to alter or amend, or for remittitur, and reduced the damage award to $3,643,018.
. Aggrieved, Diamond appeals, asserting thirteen assignments of error, which have been edited and combined into five issues for the purpose of discussion.
I. WAS DIAMOND LIABLE UNDER THE JONES ACT?
II. WAS DIAMOND'S SHIP, THE OCEAN NUGGET, UNSEAWORTHY?
III. WAS THERE A CONTRACT FOR ADVANCE PAYMENTS BETWEEN DIAMOND AND MARKS?
IV. WERE THE DAMAGES EXCESSIVE?
V. WAS DIAMOND SUBJECT TO PERSONAL JURISDICTION IN MISSISSIPPI STATE COURT?
. Concluding that only one of Diamond's assignments of error is well taken, we affirm as to the other four, but remand for a remittitur of the damages to $1,643,018.00.
FACTS
. Archie Marks had been a permanent crew member of the Ocean Nugget for approximately 18 months at the time of his injury . The Ocean Nugget is a "jack-up rig" that performs oil drilling operations in the Gulf of Mexico, off the shore of Louisiana, and is a vessel within the meaning of the Jones Act. At the time of the injury, Diamond was a Louisiana corporation not qualified to do business in Mississippi.
. Marks began his shift at 11:30 p.m. on April 18, 1998, with three other roustabouts, and their supervisor, crane operator Alfred Francois. The crews worked 12 hours on and 12 hours off, for 14 days; then they had 14 days off. Near the end of his shift, in the late morning, Marks was assigned by his supervisor to clean the upper pipe rack deck. At the time, the Ocean Nugget was in the process of moving to a new location. In order to accomplish such a move, the upper pipe rack deck has to be "skidded in." While skidded in, the air and water lines to the upper pipe rack deck are disconnected.
. In order to clean the upper pipe rack deck, Marks had to fill a five-gallon mop bucket with water from the faucets on the main deck, located one deck below. He would then carry the bucket of water up the stairs from the main deck to the upper pipe rack deck and scrub the deck. Due to the size of the upper deck, this process necessarily required Marks to make repeated trips up and down the stairs in order to get fresh buckets of water. This day, after approximately seven trips up the stairs with a bucket of water, Marks felt a sudden pain in his back and legs. He finished his shift, but was unable to get out of bed for his next shift. He was later taken to shore for medical treatment.
. Marks was placed on work restriction for one week, but when he returned to the vessel, he was unable to perform even light work duty and he remained on bed rest for the rest of his tour. Marks return
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