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LOOSE v. OFFSHORE NAVIGATION, INC.

Nos. 79-3460, 80-3094.

670 F.2d 493 (1982)

Trevor E. LOOSE, Plaintiff-Appellee, v. OFFSHORE NAVIGATION, INC., Defendant, Vince GUZZETTA d/b/a Guzzetta Offshore Marine Service, Inc., Defendant-Appellee, v. PETTY RAY GEOPHYSICAL CO., a Division of Geosource, Inc., Defendant-Third Party Plaintiff-Appellant, v. INTERNATIONAL OFFSHORE NAVIGATION and Midnight Boat Corporation, Third-Party Defendants-Appellees. Trevor E. LOOSE, Plaintiff-Appellee, v. OFFSHORE NAVIGATION, INC., Defendant, Petty Ray Geophysical Co., a Division of Geosource, Inc., Defendant-Third Party Defendant-Appellant, International Offshore Navigation and Midnight Boat Corp., Third-Party Plaintiffs-Appellees.

United States Court of Appeals, Fifth Circuit.

March 4, 1982.

Attorney(s) appearing for the Case

Ralph E. Smith, New Orleans, La., for defendant-third party defendant-appellant in both cases.

Birdsall, Alvarez & Rodriguez, Benjamin J. Birdsall, Jr., Lawrence J. McGrath, II, New Orleans, La., for Loose.

Michael J. Maginnis, McGlinchey, Stafford, Mintz & Hoffman, New Orleans, La., for Guzzetta, Intern. Offshore Navigation and Midnight Boat Corp.

Before GEE and RUBIN, Circuit Judges, and SPEARS, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The jury verdict obtained by a Jones Act seaman for personal injuries resulting from what the jury considered the negligence of his employer and unseaworthiness of the vessel aboard which he was employed must be set aside because the seaman's lawyer invoked the "Golden Rule" in his jury argument. Who among the several defendants, his employer, the vessel owner, the vessel operator, bears responsibility...

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