Fulmer v. State, Department of Wildlife & Fisheries
68 So. 3d 499
La.2011Background
- Desi Fulmer, a state employee of the Department of Wildlife and Fisheries, was injured aboard a state vessel during patrol in 2001.
- Fulmer filed a Jones Act and general maritime claim against the State and a co-employee in 2004 seeking damages for his injuries.
- The State asserted sovereign immunity and moved to dismiss, arguing LWCA exclusive remedy barred Jones Act claims.
- The trial court initially denied the State’s exceptions; the Fourth Circuit later overruled a prior Kuebel decision and held state-employed seamen may sue under the Jones Act in state court.
- Louisiana Constitution Article XII, §10(A) provides an unequivocal waiver of immunity from suit for injuries to person, subject to legislative limitation under §10(C).
- LWCA §23:1035.2 excludes from compensation any employee covered by federal statutes such as the Jones Act, creating a potential conflict with §23:1034’s exclusivity for state employees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Louisiana waive sovereign immunity for state employees to sue under the Jones Act in state court? | Fulmer: Louisiana consented to such suits via Article XII, §10(A). | State: Alden trilogy and §10(C) allow limitation; no explicit waiver for Jones Act claims. | Louisiana has waived immunity; Jones Act claims are cognizable in state court. |
| Does §10(C) authorize limiting the State’s liability so as to preclude Jones Act claims by state employees? | Constitutional limit exists but not applicable to this context; waiver remains broad. | Legislature may limit liability under §10(C) and §23:1034; LWCA controls. | Section 10(C) is non-self-executing; legislature has not enacted a valid limit applicable to Jones Act claims here. |
| Is §23:1035.2 (exclusion for Jones Act claims) applicable to public/state employees? | §23:1035.2 excludes Jones Act claims from LWCA coverage for any employee. | Exclusion applies to private and public employees consistently with the Jones Act context. | §23:1035.2 applies to public employees; however, it does not bar Jones Act claims when state immunity is waived. |
| Does §23:1034(A) (exclusive remedies of LWCA) bar a Jones Act claim by a state employee? | Exclusivity cannot override constitutional waiver; 23:1035.2 creates exception for Jones Act. | Exclusive nature of LWCA for state employees limits remedies unless explicitly carved out. | LWCA exclusivity does not bar Jones Act claims where the state has waived immunity. |
Key Cases Cited
- Higgins v. State of Louisiana, 627 So.2d 217 (La. App. 4th Cir. 1993) (Jones Act claim against state permitted; reliance on Petty v. Tennessee-Missouri Bridge Commission)
- Kuebel v. Dept. of Wildlife & Fisheries, 14 So.3d 20 (La. App. 4th Cir. 2009) (state sovereign immunity not waived for Jones Act claims)
- Alden v. Maine, 527 U.S. 706 (Supreme Court 1999) (state sovereign immunity from private suits without consent)
- Jacobs v. City of Bunkie, 737 So.2d 14 (La. 1999) (self-executing waiver of sovereign immunity for contract and tort actions)
- James v. State of Louisiana, Dept. of Wildlife & Fisheries, 54 So.3d 778 (La. App. 3d Cir. 2010) (Third Circuit held no Jones Act remedy for state employees; conflicted with Higgins)
- Petty v. Tennessee-Missouri Bridge Commission, 359 U.S. 275 (Supreme Court 1959) (Jones Act scope without state-immunity exceptions)