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Bertrand v. Air Logistics6/19/2002
AFFIRMED.
This litigation arises out of a November 1, 1997, helicopter accident in the Gulf of Mexico. All of the parties involved appealed. For the following reasons, we affirm.
Facts
On November 1, 1997, Steven Bertrand was employed by Coastal Oil and Gas Corporation as a drilling supervisor. Mr. Bertrand's job duties required him to travel among drilling platforms in the Gulf of Mexico. On the morning of the accident, he was being transported by a Bell 206L-3 helicopter, powered by an Allison 250-C30 engine, when it experienced a loss of power. The pilot successfully performed an auto-rotated landing in the Gulf of Mexico. As a result of the accident, Mr. Bertrand injured his back while escaping from the helicopter into a life raft. After conservative treatment proved unsuccessful, he had to undergo surgery for a herniated disk at L4-5. He also suffered from depression and post-traumatic stress disorder because of the accident. Sadly, he committed suicide on September 30, 1999.
Prior to his death, Mr. Bertrand filed suit against Air Logistics, L.L.C., Air Logistics, Inc. (Air Logistics), and Allison Engine Company, Inc. (Allison). After his death, Mr. Bertrand's wife, Rene, his son, Scott, and his daughter, Jessica, were substituted as Plaintiffs. They amended Mr. Bertrand's petition to assert wrongful death and loss of consortium claims. Air Logistics filed a third party claim against Allison, seeking indemnity for Mr. Bertrand's claims against it and alleging Allison's responsibility for economic losses it incurred as a result of the accident.
Plaintiffs' claims for wrongful death and loss of consortium and Air Logistics' third party demand against Allison for economic damages were dismissed by the trial court pursuant to motions for partial summary judgment filed by Allison. On April 24-27 and May 2, 2001, the matter was tried before a jury which awarded Plaintiffs $400,000.00 in damages for Mr. Bertrand's physical and mental suffering before his death and apportioned liability thirty percent to Air Logistics and seventy percent to Allison.
Plaintiffs appeal the trial court's dismissal of their claims for wrongful death and loss of consortium. Air Logistics appeals the jury's assignment of thirty percent fault to it for the accident and the trial court's dismissal of its claim for property damage to the helicopter involved in the accident. Allison appeals, assigning five errors: 1) the trial court's application of general maritime law, rather than Louisiana Products Liability Law (LPLA); 2) the jury's finding of fault by Allison; 3) the amount of the jury's award for damages; 4) the admission of evidence of other accidents; and 5) the admission of exemplars of the alleged defective part.
Wrongful Death Liability
Plaintiffs' claims for wrongful death were dismissed pursuant to a motion for partial summary judgment filed by Allison. On appeal, summary judgments are reviewed de novo under the same criteria which govern a district court's consideration of the appropriateness of summary judgment. See Potter v. First Fed. Sav. & Loan Ass'n of Scotlandville, 615 So.2d 318 (La.1993). When considering motions for summary judgment, courts must determine whether "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La.Code Civ.P. art. 966(B). Summary judgment may be granted only if the mover has proved that no genuine issues of material fact exist and that the mover is entitled to judgment as a matter of law. La.Code Civ.P. art. 96
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