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Admiralty Law Keyed to Maraist
Comeaux v. T. L. James & Co.
Citation:
666 F.2d 294 (1982)Facts
Lester Comeaux was employed as a mate on the dredge ARMADILLO, where he supervised a crew maintaining pontoon lines. On October 2, 1977, Comeaux reported for his night shift and discovered he had no crew as they had quit the previous day. Despite Comeaux’s request to suspend operations due to rough weather and lack of crew, his supervisor ordered him to continue with only Larry Tucker, an inexperienced galleyhand who was blind in one eye, as assistance. While attempting to replace batteries on the pontoon line lights, Tucker, who was controlling the MISS FRANCES workboat, caused the vessel to move, resulting in Comeaux falling and injuring his back. Comeaux continued working for several days until allegedly suffering a second injury when another workboat, the BEN JAMES, with a defective throttle, rammed into the pontoon line and knocked him overboard. After two back operations, Comeaux remained in pain and unable to perform heavy work. At trial, the jury found Jones Act negligence but no unseaworthiness in the first accident, assessed 75% contributory negligence, and determined no second accident occurred.
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