Civ. A. No. 92-1319 | E.D. La. | Nov 20, 1992
ORDER AND REASONS
The defendant, John E. Graham & Sons, Inc., has moved under Rule 12(b)(6) to dismiss Denise Ellender’s claim for loss of consortium arising out of injuries her husband, Allen Ellender, allegedly suffered while employed by the defendants. John E. Graham & Sons was the plaintiffs employer.
In a separate motion, Best Oilfield Services, Inc., a nonemployer, third party defendant, also moves for summary judgment dismissing the claim of loss of consortium.
The husband’s suit against Graham alleges Jones Act negligence and as well as an unseaworthiness claim under the general maritime law. The case law, however, is clear that there is no cause of action against an employer for loss of consortium under the general maritime law. See Miles v. Apex Marine Corp., 498 U.S. 19" court="SCOTUS" date_filed="1990-11-06" href="https://app.midpage.ai/document/miles-v-apex-marine-corp-112503?utm_source=webapp" opinion_id="112503">498 U.S. 19, 111 S.Ct. 317, 112 L.Ed.2d 275 (1990); Anglada v. Tidewater, Inc., 752 F. Supp. 722" court="E.D. La." date_filed="1990-12-20" href="https://app.midpage.ai/document/anglada-v-tidewater-inc-1587950?utm_source=webapp" opinion_id="1587950">752 F.Supp. 722 (E.D.La.1990).
There is a dispute, however, whether the rule of Miles extends to loss of consortium claims against a nonemployer, general maritime law defendant. At least one court has held that such damages are allowed. See Rebstock v. Sonat Offshore Drilling, et al., 764 F. Supp. 75" court="E.D. La." date_filed="1991-04-25" href="https://app.midpage.ai/document/rebstock-v-sonat-offshore-drilling-2287722?utm_source=webapp" opinion_id="2287722">764 F.Supp. 75 (E.D.La.1991). In Rebstock, Judge Mentz held that Miles sought to establish a uniform rule for seamen suing then-employer, but that Miles left untouched the rights of a seaman’s spouse to sue third parties for loss of consortium under the general maritime law. The court in Rebstock, however, relies on a pre-Miles Fifth Circuit decision, Tullos v. Resource Drilling, Inc., 750 F.2d 380" court="5th Cir." date_filed="1985-01-11" href="https://app.midpage.ai/document/pamela-tullos-wife-ofand-ronald-david-tullos-cross-appellants-v-resource-drilling-inc-and-superior-oil-company-cross-appellees-445468?utm_source=webapp" opinion_id="445468">750 F.2d 380 (5 Cir.1986), which was based on case law which was rejected by the Supreme Court’s decision in Miles.
This Court agrees with those courts that have found that the rationale in Miles extends to a nonemployer. See Duplantis v.
Therefore, the motion of Best Oilfield Services for summary judgment dismissing the plaintiffs loss of consortium claim is hereby GRANTED. The motion of John E. Graham & Sons under Rule 12(b)(6) to dismiss the plaintiffs loss of consortium claim is also GRANTED.