Jenkins v. Ensco Offshore Co

U.S. Court of Appeals for the Fifth Circuit

Jenkins v. Ensco Offshore Co

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

m 00-31287 _______________

DUANE JENKINS,

Plaintiff-Appellee- Cross-Appellant,

VERSUS

ENSCO OFFSHORE COMPANY,

Defendant-Appellant- Cross-Appellee.

_________________________

Appeals from the United States District Court for the Western District of Louisiana m 98-CV-1232 _________________________

February 8, 2002 Before SMITH and DEMOSS, Circuit Judges, and Lake,* District Judge.

PER CURIAM:**

Ensco Offshore Company appeals an award of $500,000 to Duane Jenkins for general damages under the Jones Act. Jenkins cross- appeals the reduction of the $500,000 award by thirty percent for his fault in the subject accident. We have reviewed the briefs and applicable portions of the record and have heard the arguments of counsel. We conclude that the district court was correct in deciding that the award was not excessive after com- paring it to awards in similar cases. The court also did not err in finding Jenkins thirty per- cent at fault in light of his actions related to the unfortunate incident that resulted in his serious injury.

AFFIRMED.

* District Judge of the Southern District of Texas, sitting by designation. ** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

2

Reference

Status
Unpublished