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Admiralty Law Keyed to Maraist
Wyatt v. Penrod Drilling Co.
Citation:
735 F.2d 951 (1984)Facts
Paul Wyatt worked as a kitchen steward for Offshore Food Services aboard the PENROD 54 drilling rig. He shared sleeping quarters with three other Offshore employees who worked different shifts. The upper bunks had no ladders, and to avoid disturbing sleeping roommates, Wyatt customarily jumped from his upper bunk to the floor in the dark. On September 24, 1981, when Wyatt jumped from his bunk at 4:00 a.m., his foot struck a chair that had been placed near his bunk after he went to bed, causing him to lose balance and twist his back. The injury resulted in a ruptured disk requiring surgery, leaving him 20% permanently disabled and unable to perform work requiring heavy lifting or prolonged positioning. Wyatt sued both Penrod and Offshore, alleging unseaworthiness due to the absence of ladders and Jones Act negligence. Before trial, Offshore settled the maintenance and cure issue, agreeing to pay Wyatt’s medical bills and $15 per day. At trial, the jury found both companies were Wyatt’s employers, but only Penrod was negligent, and that Wyatt was 20% contributorily negligent.
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