Quimbee logo
DMCA.com Protection Status

Gautreaux v. Scurlock Marine, Inc.

107 F.3d 331, 1997 AMC 1521 (1997)

Case BriefRelatedOptions
From our private database of 32,100+ case briefs...

Gautreaux v. Scurlock Marine, Inc.

United States Court of Appeals for the Fifth Circuit

107 F.3d 331, 1997 AMC 1521 (1997)

Facts

Scurlock Marine, Inc. (defendant) owned a vessel, the M/V Brooke Lynn, that was used to tow barges. The Brooke Lynn had two winches that pulled and secured the lines that attached barges to the vessel. Charles Gautreaux (plaintiff) was hired by Scurlock Marine to be a temporary relief captain on the Brooke Lynn. The permanent captain of the Brooke Lynn, Lance Orgeron, instructed Gautreaux on the operation of the winches, including how to insert a manual crank handle into one of the winches to unbind the winch if it became stuck. However, Orgeron allegedly failed to inform Gautreaux that he must remove the manual handle from the winch before restarting it. A few months after he was hired, Gautreaux used the manual crank handle to unbind the winch but failed to remove it before restarting the winch. The handle flew off and struck Gautreaux in the head, crushing his right eye and causing other severe injuries. Gautreaux sued Scurlock Marine for negligence under the Jones Act for failing to properly train him on the winches, and for the alleged unseaworthiness of the Brooke Lynn. In the court’s instructions on contributory negligence, it instructed the jury that a Jones Act plaintiff was only obligated to exercise slight care under the circumstances. The jury found that the vessel was seaworthy but found that Scurlock Marine had been negligent and was 95 percent responsible for the accident, and Gautreaux 5 percent. The court entered a judgment for Gautreaux, and Scurlock Marine appealed. The court of appeals affirmed the decision, but an en banc rehearing before the court followed. Scurlock Marine alleged that in apportioning fault, a Jones Act plaintiff should be held to act as a reasonably prudent person under the circumstances.

Rule of Law

Issue

Holding and Reasoning (Duhé, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 583,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 583,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 32,100 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 583,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 32,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership