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Whittington v. Kelly12/14/2005
Before GASKINS, MOORE and LOLLEY, JJ.
GASKINS, J. Concurs without reasons.
James Whittington appeals a summary judgment that dismissed his legal malpractice claims against Kirby D. Kelly, Charles T. Phillips and Kirby D. Kelly, A Professional Law Corporation (referred to collectively as "Kelly"). We affirm.
Factual Background
The case arises from Kelly's failure to file a suit for Whittington's sexual harassment claim against his former employer, Chiles Offshore LLC, and Chiles's principal, Shell Oil Co. Whittington's deposition establishes the following facts. Whittington took a job as a roustabout with Chiles, an offshore drilling company, in January 2001. Chiles had a contract with Shell to provide drilling services on the Magellan, an offshore rig in the Gulf of Mexico. Whittington's work schedule was 14 days on and 14 days off. While on the rig, Whittington became friends with Rusty Wise, Shell's day shift supervisor. The two men worked out together in the rig's exercise room; according to Whittington, they made friendly wagers as to who could lift more weight. As a result, Whittington had won several Shell gas cards, and Wise had given him some baseball caps as gifts.
Co-workers on the rig began to tease Whittington about being a "brown-noser." On the morning of October 21, 2001, Whittington finished his night shift and was returning to the change room. On the wall he saw a hand-drawn caricature depicting the back of a man (labeled "Jimmy," Whittington's nickname) kneeling in front of a standing man (labeled "Rusty"), in a posture perhaps suggestive of a lewd act. Xerox copies of the drawing, which had been created by Fitzgerald Holmes, a galley hand, were also posted in the rig's galley, eating room, TV room, hallways and stairs.
Whittington immediately complained to the rig manager, John Cormier. Cormier apologized to Whittington and said he would get to the bottom of the incident. Cormier then spoke to Wise, and a meeting of the entire crew was called for 6:00 pm that evening. At the meeting, Wise announced that this behavior was unacceptable and could result in legal action against both Shell and Chiles. He apologized to Whittington and reprimanded Holmes for drawing the caricature. He also reprimanded Mike Dailey, Shell's night shift manager, for making the copies that were posted around the rig; Holmes did not have access to a Xerox machine.
After the meeting, Whittington reported to his night shift but other workers continued to "pick on" him, saying that he and Wise were "really hooked up." Whittington quit that night, before his shift was over. His immediate supervisor, Donnie Collins, and Cormier tried to dissuade him from leaving, but his mind was made up. He went ashore by helicopter, returned home to Vidalia and did not seek any mental or physical health treatment as a result of the incident.
Several months later, in late July or early August 2002, Whittington called Kirby Kelly, whom he had known since their teenage years. Kelly sent an investigator to interview Whittington in Winnsboro; about two weeks later Whittington met with Kelly and two of his associates at their office in Shreveport.
Whittington's affidavit asserts that they had extensive discussions before he retained Kelly on a contingency basis to pursue his sexual harassment claim; Kelly advised him that he had a "good case" and could recover significant money damages. Whittington specifically recalled Kelly telling him "he would tear their a up and would put a 'whuppin' on them." At Kelly's direction, Whittington made several trips to Shreveport to see Dr. Don Heacock, a clinical social worker, and Kelly freque
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