Comeaux v. T. L. James & Co.

666 F.2d 294 (1982)

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Comeaux v. T. L. James & Co.

United States Court of Appeals for the Fifth Circuit
666 F.2d 294 (1982)

Facts

Lester Comeaux (plaintiff) was a seaman employed by T. L. James & Company, Inc. (James) (defendant). As part of his duties, Comeaux worked on two boats, the Miss Frances and the Ben James. Several of Comeaux’s crewmates quit, and the Miss Frances was left with an inadequate crew. Comeaux’s supervisor instructed Comeaux to perform his duties anyway with the help of a kitchen worker, Larry Tucker. One of Comeaux’s duties was to replace some batteries along a dredging line. In order for Comeaux to perform this task, Tucker needed temporarily to hold the wheel of the boat. Tucker’s inexperience led Tucker to move the boat, which then ran over Comeaux. Comeaux sued James for his resulting injuries under theories of both negligence under the Jones Act and unseaworthiness. Comeaux moved for a directed verdict, which the district court denied. The jury found that the Miss Frances was not unseaworthy and awarded no damages on that charge. On the negligence charge, the jury awarded damages but found Comeaux to have been 75 percent contributorily negligent and reduced the award accordingly. Comeaux appealed on several grounds, including the denial of his motion for a directed verdict.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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