786 F. Supp. 2d 1140
E.D. La.2011Background
- Keith Beech died December 13, 2009, on Hercules 101 due to an accidental handgun discharge by coworker Cosenza.
- Cosenza brought a privately owned 22 Derringer onto the rig, violating Hercules policy prohibiting firearms.
- Hercules’ HSE Manual and Employee Handbook prohibited weapons; searches and random drug testing were reserved but rarely conducted.
- Beech was aboard as a Crane Operator; crew of four worked a 14-day hitch and Beech was on-duty when shot occurred during late-night downtime.
- Cosenza handled the gun publicly, showed it to Beech, then the weapon discharged while he was sitting on a couch, killing Beech.
- Court held the shooting was accidental and that Beech was within the course and scope of employment at the time of the incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Course and scope of employment | Beech was injured during on-duty hours within ship’s limits and duties. | Beech was off-duty relaxing, not performing work at time of injury. | Beech was within course and scope of employment; eligible Jones Act plaintiff. |
| Vicarious liability under Jones Act | Cosenza’s negligent handling of the gun caused Beech’s death within scope of employment. | Employer should not be liable due to policy violation and causation. | Hercules is vicariously liable; Cosenza’s negligent conduct occurred within course and scope. |
| Comparative fault of Beech | Beech bore some responsibility for safety policy breach. | Beech had no opportunity to respond and was not comparatively negligent. | Beech not comparatively negligent; no reduction in damages. |
Key Cases Cited
- Aguilar v. Standard Oil Co., 318 U.S. 724 (Supreme Court, 1943) (course-and-scope breadth for seamen)
- Fowler v. Seaboard Coastline R.R. Co., 638 F.2d 17 (5th Cir. 1981) (scope includes acts incidental to employment)
- Guidry v. South Louisiana Contractors, Inc., 614 F.2d 447 (5th Cir. 1980) (test for vicarious liability; who bears risk of injury)
- Stoot v. D & D Catering Serv., Inc., 807 F.2d 1197 (5th Cir. 1987) (close-case framework for vicarious liability; intent matters)
- Landry v. Oceanic Contractors, Inc., 731 F.2d 299 (5th Cir. 1984) (vicarious liability under Jones Act; agency principles apply)
- Miles v. Apex Marine Corp., 498 U.S. 19 (U.S. 1990) (FELA/Jones Act comparative framework)
- De Centeno v. Gulf Fleet Crews, Inc., 798 F.2d 138 (5th Cir. 1986) (pecuniary damages and loss categories)
- Atlantic Sounding Co., Inc. v. Townsend, 557 U.S. 404 (Supreme Court, 2009) (remedial nature of Jones Act damages)
- Sobieski v. Ispat Island, Inc., 413 F.3d 628 (7th Cir. 2005) (broad view of scope in vicarious liability; participation in employment)
- Baker v. Baltimore & Ohio R.R. Co., 502 F.2d 638 (6th Cir. 1974) (scope includes incidents incidental to day’s work; policy context)
- Copeland v. St. Louis-San Francisco Ry. Co., 291 F.2d 119 (10th Cir. 1961) (prank/sport exception to scope; activity not beneficial to employer)