Haleigh McBride v. Estis Well Service, L.L.
853 F.3d 777
| 5th Cir. | 2017Background
- Accident aboard Estis Rig 23 (a barge supporting a truck-mounted drilling rig) in Bayou Sorrell, Louisiana: a truck toppled, fatally injuring crew member Skye Sonnier and injuring crew member Saul Touchet.
- Estis Well Service, L.L.C. owned/operated the rig and employed the crew; plaintiffs sued under the Jones Act and general maritime law for negligence and unseaworthiness; punitive damages were previously held unavailable by this court en banc.
- Estis conceded liability before the bench trial; dispute at trial concerned damages and maintenance and cure.
- District court awarded: (a) to McBride (on behalf of Sonnier’s minor child and in survival) awards for pre-death fear/conscious pain and suffering and loss of past and future support; (b) to Touchet awards for future medical expenses, future lost earnings/loss of earning capacity, and cure until maximum medical improvement (MMI).
- Estis appealed specific damage and cure awards; this panel reviews factual findings for clear error and legal issues de novo and affirms the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-death fear and conscious pain and suffering for Sonnier | McBride: Sonnier was conscious after impact and experienced fear and pain; award supported by eyewitnesses, photos, and autopsy opinion | Estis: Objective evidence shows Sonnier was unconscious immediately; no conscious suffering | Affirmed — district court’s finding that Sonnier was conscious after impact was not clearly erroneous; $400,000 for pre-death fear and conscious pain and suffering upheld |
| Loss of past and future support for Sonnier’s child | McBride: Sonnier consistently supported his daughter beyond any formal child-support order; expert methodology supported the award amount | Estis: Award speculative; should be limited to rescinded child-support obligation | Affirmed — district court credited reliable expert methods and evidence of Sonnier’s support; no requirement to limit award to formal child-support amount |
| Future medical expenses and maintenance & cure for Touchet | Touchet: Entitled to future cure until MMI and tort damages for future medical expenses beyond MMI; no impermissible duplication | Estis: $55,185 award improperly requires indefinite future cure and cure cannot extend beyond MMI | Affirmed — cure properly awarded until MMI; $55,185 is tort damages for future medical expenses after MMI; no impermissible duplication |
| Future lost earnings / permanent disability for Touchet | Touchet: Treating physicians support permanent disability from oilfield work and loss of future earnings | Estis: Video shows Touchet working (crabbing), proving not permanently disabled | Affirmed — district court’s finding of permanent disability supported by medical testimony and not clearly erroneous; future lost earnings award upheld |
Key Cases Cited
- De Centeno v. Gulf Fleet Crews, Inc., 798 F.2d 138 (5th Cir.) (Jones Act permits recovery for pre-death pain and suffering)
- Naquin v. Elevating Boats, L.L.C., 744 F.3d 927 (5th Cir.) (emotional injury from fear can be compensable survival damage)
- Consol. Rail Corp. v. Gottshall, 512 U.S. 532 (U.S. 1994) (discussing emotional injury and survivability principles)
- Snyder v. Whittaker Corp., 839 F.2d 1085 (5th Cir.) (plaintiff must prove decedent was conscious after realizing danger to recover for decedent’s pain and suffering)
- In re Port Arthur Towing Co., 42 F.3d 312 (5th Cir.) (factfinder role in weighing conflicting testimony and credibility)
- Sea-Land Servs., Inc. v. Gaudet, 414 U.S. 573 (U.S. 1974) (loss of support includes all financial contributions decedent would have made)
- Boudreaux v. United States, 280 F.3d 461 (5th Cir.) (shipowner’s maintenance and cure obligation; cure distinct from tort damages)
- Lirette v. K & B Boat Rentals, Inc., 579 F.2d 968 (5th Cir.) (award of future maintenance and cure until MMI appropriate when supported by physician testimony)