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Charles Robert Curry v. Fluor Drilling Services, Inc.

Citations: 715 F.2d 893; 1983 U.S. App. LEXIS 16548Docket: 82-3109

Court: Court of Appeals for the Fifth Circuit; September 26, 1983; Federal Appellate Court

Narrative Opinion Summary

In this maritime injury case, the plaintiff sought damages from the defendant under the Jones Act and General Maritime Law for injuries incurred while working on a drilling rig. The district court ruled in favor of the plaintiff following a bench trial, awarding damages of $35,203.66. The defendant's appeal challenged findings of negligence, unseaworthiness, and the exclusion of contributory negligence. The appellate court upheld the district court's findings, noting the lack of contradictory evidence against the plaintiff's testimony. Additionally, the court affirmed the $20,000 award for pain and suffering and the calculation of lost wages for 21 pay periods. However, it reversed the district court's maintenance award due to insufficient evidence of the plaintiff's living expenses during recovery, finding that the defendant’s voluntary payment of $8.00 per day was adequate. The court also upheld the award of prejudgment interest, determining no abuse of discretion. Circuit Judge Tate concurred with the reversal of the maintenance award beyond eight dollars per day, citing insufficient evidence of the plaintiff's need for additional support. Ultimately, the appellate court affirmed the district court's judgment in all other respects.

Legal Issues Addressed

Contributory Negligence

Application: The appellate court upheld the district court's finding that the plaintiff was not contributorily negligent, rejecting the defendant's argument that the plaintiff's actions were reasonable and directed by a supervisor.

Reasoning: Fluor Drilling challenged the district court's ruling that Curry was not contributorily negligent, arguing that Curry's actions while managing drill cuttings were reasonable and directed by his supervisor. The court found no merit in this argument.

Jones Act and General Maritime Law Claims

Application: The plaintiff successfully claimed under the Jones Act and General Maritime Law for injuries sustained while working on a drilling rig, resulting in a damages award.

Reasoning: Charles Robert Curry filed a lawsuit against Fluor Drilling Services, Inc. under the Jones Act and General Maritime Law for injuries sustained on December 22, 1979, while working on the Drilling Rig MR GUS II.

Lost Wages Calculation

Application: The court affirmed the trial court's calculation of lost wages for 21 pay periods, rejecting the defendant's argument for a lower number of pay periods.

Reasoning: The court sided with Curry, confirming that the trial court had accounted for partial shifts and correctly awarded lost wages for 21 periods.

Maintenance Award

Application: The appellate court reversed the district court's maintenance award due to lack of evidence for necessary living expenditures, while the defendant's voluntary payment of $8.00 per day was considered sufficient.

Reasoning: The court found that there was no evidence in the record to support the maintenance award, deeming the district court's finding clearly erroneous.

Negligence and Unseaworthiness

Application: The district court found the defendant negligent and the vessel unseaworthy, with the appellate court affirming these findings based on the lack of contradictory evidence against the plaintiff's testimony.

Reasoning: The appellate court noted that in admiralty cases, findings of fact by the district court are upheld unless clearly erroneous. The court found that the trial court's acceptance of Curry's testimony was reasonable, given the lack of contradictory evidence.

Pain and Suffering Damages

Application: The court upheld a $20,000 award for pain and suffering, considering the duration of the plaintiff's suffering and inflation since a similar case in 1967.

Reasoning: Fluor Drilling also contested the $20,000 award for pain and suffering, claiming it was excessive compared to past cases; however, the court determined that the award was justified considering the duration of Curry's suffering and inflation since a similar case in 1967.

Prejudgment Interest in Maritime Law

Application: The appellate court affirmed the district court's award of prejudgment interest, finding no abuse of discretion in its decision.

Reasoning: Fluor Drilling argues that the district court erred in awarding prejudgment interest, asserting that such awards are at the trial court's discretion within maritime law, where they are typically granted. The appellate review finds no abuse of discretion in this case.