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Hahn v. Nabors Offshore Corp.6/26/2002
c., 371 So.2d 807, 810 (La.1979).
We note that in Smith v. Cliff's Drilling Co., 562 So.2d 1030 (La.App. 3 Cir. 1990), in which the cause of action occurred prior to the 1988 amendment, this appellate court concluded that a defendant had a right to a jury trial in a suit brought in state court under the general maritime law and the Jones Act. We stated: "Unless and until a jury trial is specifically forbidden in certain cases, a defendant will be given the right to choose a jury, regardless of the choice made by the plaintiff." Id. at 1031. With the repeal of former La.Code Civ.P. art. 1732(6), we adhere to our prior position that a defendant in state court has the right to choose a jury trial, regardless of the choice made by the plaintiff.
Hahn urges that we consider that former La.Code Civ.P. art. 1732(6) dealt with only admiralty or general maritime suits and not Jones Act suits. He points out that the House and Senate Committees spoke in terms of repealing the prohibition against jury trials in certain admiralty or maritime cases. However, in Parker, 599 So.2d at 300, the supreme court concluded that "Jones Act claims are admiralty and maritime claims" for purposes of former La.Code Civ.P. art. 1732(6).
Thus, there is no prohibition against Nabors choosing a jury trial, and the trial court did not err in refusing to grant Hahn's motion to strike on the issue. Accordingly, we deny Hahn's application for supervisory writs and assess costs to him.
WRIT DENIED.
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