Comeaux v. James

Lester Comeaux sued his employer, T. L. James & Co., Inc., for injuries sustained from two successive accidents while working aboard a dredge and its tender vessels. Appealing a judgment based on a jury verdict in his favor, Comeaux complains of the denial of his motion for a directed verdict and a new trial, the exclusion of evidence, prejudicial conduct by the court, misleading and insufficient jury instructions, and insufficient evidence to sustain certain jury findings. Having determined that Comeaux was entitled to a directed verdict on the issue of unseaworthiness, we reverse in part and remand.1 The Facts Lester Comeaux was employed by T. L. James & Co. as a mate on the dredge ARMADILLO, located off the coast of Mississippi at Bayou Cadet. As part of his duties, he normally supervised a crew of three deckhands and two boathands in maintaining the pontoon lines. The pontoon line, a 22 inch diameter floating discharge pipeline, is mounted above floating cylinder tanks with a catwalk built over it. The line has lights, battery powered, at approximately 50 foot intervals, to warn other vessels of the presence of the line and to aid the crew in making sure that the line has no bends. As the dredge moves forward, the line must be kept relatively straight and with sufficient slack to prevent it from breaking. To perform his duties, Comeaux made use of two work boats, the MISS FRANCES and the BEN JAMES.