TaiLexi AI U.S. Case Law

Mrs. Larry Lynwood Ledoux v. Petroleum Helicopters, Inc.

Mrs. Larry Lynwood LEDOUX Et Al., Plaintiffs-Appellants, v. PETROLEUM HELICOPTERS, INC., Et Al., Defendants-Appellees

Ledoux v. Petroleum Helicopters, Inc., 609 F.2d 824 (5th Cir. 1980)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 11, 1980
Docket
No. 77-3454
Judges
Clark, Roney, Henderson
Citations
609 F.2d 8241980 A.M.C. 21621980 U.S. App. LEXIS 21425

Opinion — Per Curiam

PER CURIAM:

The survivors of the pilot of a helicopter, killed in a crash at sea, suffered dismissal of their action for damages on the grounds that the Workmen’s Compensation laws of Louisiana provided the exclusive remedy. Because of intervening decisions, we reverse.

Executive Jet Aviation, Inc., v. City of Cleveland, Ohio, 409 U.S. 249 , 93 S.Ct. 493 , 34 L.Ed.2d 454 (1972), established that the crash of a land-based aircraft on a flight between points within the continental United States could not invoke admiralty jurisdiction merely because the plane crashed in navigable waters. The Court held that admiralty jurisdiction required not only maritime situs, but also maritime status, i. e., a significant relationship to traditional maritime activity.

The crash of the deceased’s helicopter, while it was being used in place of a vessel to ferry personnel and supplies to and from offshore drilling structures, bears the type of significant relationship to traditional maritime activity which is necessary to invoke admiralty jurisdiction.

Higginbotham v. Mobil Oil Co., 357 F.Supp. 1164, 1167 (W.D.La.1973), aff’d in part, rev’d in part, 545 F.2d 422 , 424 n.l, rev’d on other grounds, 436 U.S. 618 , 98 S.Ct. 2010 , 56 L.Ed.2d 581 (1978). (See 98 S.Ct. 2012 , n.2).

Because maritime jurisdiction exists, the exclusive remedy provision of the Louisiana Workmen’s Compensation statutes cannot control the rights of the parties.

Thibo-daux v. Atlantic Richfield Co., 580 F.2d 841 (5th Cir. 1978). The judgment appealed from is vacated and the case is remanded for further consideration of the cause of action pled.

VACATED and REMANDED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 28 cases

View all citing references →
1980: 21982: 41983: 31984: 31985: 41987: 11991: 11996: 12005: 12006: 12009: 42014: 12016: 12025: 119802026peak 1982 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Exec. Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249 (1972) 843
Mobil Oil Corp. v. Higginbotham, 436 U.S. 618 (1978) 420
Thibodaux v. Atl. Richfield Co., 580 F.2d 841 (5th Cir. 1978) 51
Higginbotham v. Mobil Oil Corp., 357 F. Supp. 1164 (W.D. La. 1973) 22
Higginbotham v. Mobil Oil Corp., 545 F.2d 422 (5th Cir. 1977) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list