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COATS v. PENROD DRILLING CORP.

No. 92-7378.

61 F.3d 1113 (1995)

Earl Wayne COATS, Plaintiff-Appellee, Cross-Appellant, v. PENROD DRILLING CORPORATION, et al., Defendants, Penrod Drilling Corporation, and Hytorc, M.E., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 8, 1995.

Attorney(s) appearing for the Case

Bernard H. Ticer, James O.M. Womack, Burke & Mayer, New Orleans, LA, James O. Dukes, Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for Penrod Drilling Corp.

William B. Gibbens, III, Gelpi Sullivan, Carroll & Gibbens, New Orleans, LA, for Hytorc, M.E.

William A. Abernethy, Meredith, Donnell & Abernethy, Corpus Christi, TX, for amicus curiae Intern. Ass'n of Drilling Contractors.

Maurice C. Hebert, Jr., David M. Flotte, Hebert, Mouledoux & Bland, New Orleans, LA, for appellees.

Yancey White, White, Huseman, Pletcher & Powers, Corpus Christi, TX, for amicus curiae Texas Residents, etc.

Harvey J. Lewis, Lawrence Kullman, Lewis & Kullman, New Orleans, LA, for amicus curiae La. Trial Lawyers Ass'n.

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.

KING and PATRICK E. HIGGINBOTHAM, Circuit Judges:

For more than a century, general maritime law has held joint tortfeasors jointly and severally liable for all of the plaintiff's damages suffered at their hand. Under that rule, the risk of noncollection is borne by the defendants. The plaintiff can collect his entire judgment from a single defendant, leaving to the defendants allocation of fault among themselves. We reheard this case en banc to consider the contention...

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