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Duplechain v. Garber Bros., Inc.
Citations: 486 So. 2d 917; 1987 A.M.C. 952; 1986 La. App. LEXIS 8755Docket: No. 84-CA-1522
Court: Louisiana Court of Appeal; March 24, 1986; Louisiana; State Appellate Court
Plaintiff, employed as captain of the motor vessel KENNY G. owned by Garber Brothers, Inc., was injured while returning to his boat after mooring at a facility owned by Lee-Vac Corporation. The facility included a barge secured to a dock, with a gangway connecting the two. Plaintiff filed a suit against Garber Brothers, Inc. and its insurer for damages under the Jones Act and general maritime law. The trial court granted summary judgment in favor of the defendants, citing Young v. Matson Navigation Co., which established that a vessel owner's duty to seamen does not extend to areas outside their dominion or control. The court also referenced Liner v. J.B. Talley Company and Morel v. Sabine Towing, confirming that Garber Brothers, Inc. had no ownership or control over the gangway. Plaintiff's reliance on Martin v. Walk, Haydel Associates, Inc. was deemed inapplicable since that case involved injuries occurring on a vessel under the plaintiff's employment, unlike the plaintiff's situation on a third-party gangway. The court affirmed the trial court's decision, with costs taxed to the plaintiff.