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Leroy Thibodeaux v. Rowan Drilling Company, Inc., and the Fidelity & Casualty Company of New York

Leroy THIBODEAUX, Plaintiff-Appellee Cross-Appellant, v. ROWAN DRILLING COMPANY, Inc., and the Fidelity & Casualty Company of New York, Defendants-Appellants Cross-Appellees

Thibodeaux v. Rowan Drilling Co., 429 F.2d 573 (5th Cir. 1970)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
October 5, 1970
Docket
No. 28982_1
Judges
Jones, Wisdom, Coleman
Citations
429 F.2d 573

Opinion — Per Curiam

PER CURIAM:

In this case the District Court awarded Leroy Thibodeaux judgment for $70,-885.56 for injuries sustained while at work on an off-shore submersible drilling barge afloat in the Gulf of Mexico near Venice, Louisiana, 814 F.Supp. 543 (W.D., La., 1970). We affirm on both direct and cross appeals.

The District Court, sitting without a jury, found and held that drill tongs with worn dies in use at the time of the injury rendered the vessel unseaworthy, that Thibodeaux was not contributorily negligent, and that he was injured as a proximate result of the unseaworthy condition.

Appellants urge that thirteen findings of fact were clearly erroneous and additionally contend that the finding of unseaworthiness was also erroneous as a matter of law.

The appellee asserts by cross appeal that the damage award was inadequate.

The briefs and oral argument, measured by the appellate record, leave us unpersuaded that the trial court committed any error of law or fell into any clear error of fact.

Therefore, on both direct and cross appeals, the judgment of the District Court is Affirmed.

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1987: 219872026peak 1987 · 2

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Authorities cited 1

DepthCaseCited by
Dollar v. Gen. Motors Corp., 814 F. Supp. 538 (E.D. Tex. 1993) 7

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