Callahan v. Gulf Logistics L L C
6:06-cv-00561
W.D. La.Nov 15, 2017Background
- Plaintiff Christopher Callahan, a Cameron field service technician, sued under §905(b) of the LHWCA (made applicable via the OCSLA) after a back injury allegedly sustained during a personnel-basket transfer from the crew boat M/V MS. NANCY to the Ocean Spartan on April 10, 2005.
- The M/V MS. NANCY was owned/operated by defendants Gulf Logistics entities; Callahan boarded as a passenger and was awake on deck at the time of the injury after storing a 35‑lb bag outside the cabin door.
- Meteorological evidence showed significant wave height ≈ 7.8 ft, average wave ≈ 4.91 ft, and an expert opined there was a 90% chance one wave reached 13–17 ft during the 45‑minute stopover; captains described the injury-causing movement as a sharp, sea‑induced roll.
- Callahan admitted he knew transfer risks, had stop‑work authority but did not exercise it, observed roustabouts successfully transfer equipment and personnel, and ultimately completed his own transfer before reporting the injury.
- The bench trial ended with the court finding Callahan proved he was injured as claimed but found his broader testimony not credible and concluded the sea conditions were not unusually hazardous; judgment was entered for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether vessel negligence caused Callahan’s injury under §905(b) | Gulf Logistics failed to warn or protect passengers from dangerous sea conditions and failed to exercise reasonable care | Conditions and roll were caused by the sea; crew exercised reasonable care and transfers were conducted safely | Court held plaintiff failed to prove vessel negligence; judgment for defendants |
| Whether sea conditions were unusually hazardous such that more precautions were required | High waves (possibly up to 13–17 ft) made the transfer dangerous and captain should have acted (e.g., stop work or JSA) | Seas (significant ~7.8 ft) were not unusually hazardous; routine transfers were completed successfully | Court held sea conditions not unusually unsafe or particularly hazardous |
| Whether captain’s conduct (weather checks, JSA) breached duty to warn/ensure safety | Captain Gibbs habitually failed to check weather or perform adequate job safety analysis | Captain’s conduct was reasonable; sharp roll was beyond captain’s control and regulation does not require warning of all dangers | Court held no fault in captain’s conduct and no duty breach established |
| Whether plaintiff’s own conduct (refusing stop‑work, lifting bag) bars recovery | Plaintiff argues injury occurred due to vessel roll while he was a passenger preparing to transfer | Defendants argue plaintiff assumed risk, failed to use stop‑work authority, and caused/was contributorily negligent | Court considered plaintiff’s proven awareness and failure to stop work; found his decisions and ability to transfer undermined recovery and denied claim |
Key Cases Cited
- Lormand v. Superior Oil Company, 845 F.2d 536 (5th Cir. 1987) (applies §905(b) LHWCA principles to offshore worker claims)
- Canal Barge Co., Inc. v. Torco Oil Co., 220 F.3d 370 (5th Cir. 2000) (elements of maritime negligence: duty, breach, causation, damages)
- Withhart v. Otto Candies, LLC, 431 F.3d 840 (5th Cir. 2005) (maritime negligence parallels land‑based negligence analysis)
- Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (U.S. 1959) (vessel owes passengers duty of reasonable care)
- Counts v. Lafayette Crewboats, Inc., 622 F. Supp. 299 (W.D. La. 1983) (duty to warn passengers of reasonably anticipated dangers)
- Lavergne v. Chevron U.S.A., Inc., 782 F. Supp. 1163 (W.D. La. 1991) (no recovery where passenger injured absent vessel owner negligence)
- Bonin v. Ryan Marine Services, Inc., [citation="412 F. App'x 724"] (5th Cir. 2011) (recognizing hazardous sea conditions without relying solely on wave height)