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GOUGH v. NATURAL GAS PIPELINE CO. OF AMERICA

No. 92-4220.

996 F.2d 763 (1993)

Darreyl Wayne GOUGH, Plaintiff-Appellee, Cross-Appellant, v. NATURAL GAS PIPELINE CO. OF AMERICA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 20, 1993.

Attorney(s) appearing for the Case

Glibert I. Low, Orgain, Bell & Tucker, Beaumont, TX, S. Gene Fendler, Don K. Hayeraft, Liskow & Lewis, New Orleans, LA, for appellant.

J. Thad Heartfield, Benckenstein, Oxford & Johnson, Beaumont, TX, Lawrence E. Abbott, Deborah D. Kuchler, John P. Napolitano, Jr., Abbott, Best & Meeks, New Orleans, LA, for appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

When a fishing vessel backed over a natural gas pipeline that was supposed to have been buried, a fireball swept the ship killing eleven of its fourteen crew. Her captain, Darreyl Wayne Gough, survived by fleeing the pilot house and jumping overboard. He sued the pipeline owner, NGP, under general maritime law. A Beaumont jury awarded Captain Gough $2 million, but assessed to him 35 percent of the fault for the accident. NGP...

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