Recent Development by K.N. Rhodes
Michael J. Green was employed as an offshore oil meter technician for Southern Petroleum Labs (Southern). Under a contract with Industrial Helicopters, Inc. (Industrial), Southern provided Green and other workers with helicopter transportation to and from offshore worksites. During one such flight, the helicopter's governor malfunctioned, and the pilot was forced to attempt an emergency landing in the Gulf of Mexico, 150 miles off the Louisiana coast. The pilot successfully landed the craft, but his passenger, Green, suffered injuries in the landing and subsequent rescue.
Green filed a maritime personal injury action against Industrial in the Fifteenth Judicial District Court of the State of Louisiana, seeking recovery under maritime law and under Louisiana Civil Code article 2317, which imposes strict liability for injury to another caused by a thing in one's custody. The district court found for the plaintiff, and the Third Circuit Court of Appeal affirmed. However, the Louisiana Supreme Court granted writs and remanded the case to the third circuit. The court noted an intercircuit conflict concerning the question whether plaintiffs in a state court admiralty action can recover under article 2317 and asked the third circuit to reconsider its decision. On remand, the circuit court held that because strict custodial liability has no counterpart in the general maritime law, article 2317 could not apply. In order to review that determination, the Louisiana Supreme Court granted writs once more. The supreme court held that article 2317 may be used to supplement the remedies available under general maritime law since the article does not conflict with that law. Green v. Industrial Helicopters, Inc., 593 So. 2d 634 (La. 1992), cert. denied, 1992 LEXIS 5620 (U.S. Oct. 5, 1992).
About the Author
K.N. Rhodes.
Citation
67 Tul. L. Rev. 541 (1992)