Preview:

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 36 FROM : CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 21st day of May, 2008, are as follows:

BY JOHNSON, J.: 2007-C -2143 ANDRE' J. DENOUX, KURT LABEAUD, THERON J. WASHINGTON, DAVID DICKERSON, ROBERT P. WILLIAMS, JR., RICHARD W. BLACKMAN, CHRISTOPHER R. BOOKER, HORACE BLANKS, III, DERRICK A. MATTHEWS, ROBERT TAYLOR, CHRISTOPHER G. HAINES AND LORENZO N. MORGAN v. VESSEL MANAGEMENT SERVICES, INC., BELLE OF ORLEANS, LLC, BALLY'S LOUISIANA, INC., D/B/A BALLY'S CASINO LAKESHORE RESORT, INC. AND PATRICK M. BROWNING (Parish of Orleans) For the foregoing reasons, we affirm that portion of the court of appeal's judgment affirming the judgment of the trial court which sustained the exception of prescription by Glidden Company, d/b/a ICI Paints. We vacate the portions of the court of appeal's judgment finding that Plaintiffs are not Jones Act seaman, that the Belle of Orleans was not a vessel in navigation, and that none of the Plaintiffs' claims fall within the admiralty jurisdiction. AFFIRMED IN PART, VACATED IN PART. CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., additionally concurs and assigns reasons. VICTORY, J., concurs. WEIMER, J., concurs.

5/21/08

SUPREME COURT OF LOUISIANA No. 07-C-2143

ANDRE' J. DENOUX, KURT LABEAUD, THERON J. WASHINGTON, DAVID DICKERSON, ROBERT P. WILLIAMS, JR., RICHARD W. BLACKMAN, CHRISTOPHER R. BOOKER, HORACE BLANKS, III, DERRICK A. MATTHEWS, ROBERT TAYLOR, CHRISTOPHER G. HAINES AND LORENZO N. MORGAN VERSUS VESSEL MANAGEMENT SERVICES, INC., BELLE OF ORLEANS, LLC, BALLY'S LOUISIANA, INC., D/B/A BALLY'S CASINO LAKESHORE RESORT, INC. AND PATRICK M. BROWNING ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

JOHNSON, Justice We granted this writ application to consider whether the lower courts erred in sustaining the exception of prescription filed by defendant, Glidden Company d/b/a ICI Paints ("Glidden"). The court of appeal correctly found that Plaintiffs' claims against Glidden are prescribed, but we vacate the findings of the court of appeal in regard to whether Plaintiffs were Jones Act seaman, whether the Belle of Orleans was a vessel in navigation, and whether admiralty jurisdiction is applicable to the Plaintiffs' claims. FACTS AND PROCEDURAL HISTORY The Belle of Orleans, LLC ("Belle") was the owner of the riverboat, M/V Belle of Orleans, and Bally's Louisiana, Inc. ("Bally's") operated the vessel as a riverboat casino. Belle and Bally's contracted with Vessel Management Services, Inc. ("VMS")

to provide certain marine management and other services on the M/V Belle of Orleans. VMS was responsible for staffing all marine crew positions aboard the Belle. The workers' duties included performing maintenance and repair work on the vessel as needed. Plaintiffs were employees of VMS who allegedly incurred injuries from exposure to toxic fumes between April and June 2000, while doing chipping and painting work ("Inner Bottom Project") in the bottom interior portion of the hull of the M/V Belle of Orleans. Plaintiffs filed their initial Petition for Damages against VMS, Bally's and Belle on November 14, 2001. Plaintiffs filed their suit pursuant to the Jones Act, 46 U.S.C.

Download 2007-C-2143 ANDRE' J. DENOUX, KURT LABEAUD, THERON J. WASHINGTON, DAVID DICKERSO

Louisiana Law