LOUIS SANTINY, PLAINTIFF-APPELLANT,
v.
COASTAL BOAT OPERATORS, INC., AND INSURANCE COMPANY OF NORTH AMERICA, DEFENDANTS-APPELLEES
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The court held that the jury's findings of no negligence and no unseaworthiness were supported by the evidence and the jury instructions were correct.
Plaintiff was injured while attempting to free a mooring line, resulting in his legs becoming caught and him being thrown overboard. The jury found th…
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PER CURIAM:
Louis Santiny sought recovery under the Jones Act and maritime law for injuries sustained while in the employ of Coastal Boat Operators, Inc., aboard the M/V LENA C. While Santiny was attempting to free a mooring line of the LENA C his legs became caught in the line hurtling him overboard. Interrogatories were submitted to the jury as to whether the employer was negligent and whether the vessel was unseaworthy. The jury’s verdict was negative in response to both questions.
Santiny importunes us to construe the summary disposition of Mascuilli v. United States, 1967, 387 U.S. 237, 87 S.Ct. 1705, 18 L.Ed.2d 743, as holding that operational negligence occurring simultaneously with an injury renders a vessel unseaworthy. We need not further explicate this court’s unabashed rejection of appellant’s reading of Mascuilli, Reed v. M/V Foylebank, 5 Cir. 1969, 415 F. 2d 838; Duncan v. Transeastern Shipping Corp., 5 Cir. 1969, 413 F. 2d 1023; Grigsby v. Coastal Marine Service of Texas, Inc., 5 Cir. 1969, 412 F. 2d 1011, since the Supreme Court has recently and unequivocally adopted a like position. Usner v. Luckenbach, 400 U.S. 494, 91 S.Ct. 514, 27 L.Ed.2d 562 (January 25, 1971).
Appellant further argues that even if the court’s charge concerning unseaworthiness was correct, the case should still be remanded for a new trial because the charge concerning negligence was defective. We have carefully read the court’s charge and find its words to the jury regarding the issue of negligence as distinguished from unseaworthiness both luminous and correct. The decision of the court below is
Affirmed.
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Citator
Cited By
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Debose v. The MS Loppersum, 438 F.2d 642 (5th Cir. 1971)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (U.S. 1971)
- Grigsby v. Coastal Marine Serv. OF Tex., Inc., 412 F.2d 1011 (5th Cir. 1969)
- Mascuilli v. United States, 387 U.S. 237 (U.S. 1967)
- Mose Reed v. MV Foylebank, 415 F.2d 838 (5th Cir. 1969)
- Macio Duncan v. Transeastern Shipping Corp., 413 F.2d 1023 (5th Cir. 1969)