## Facts

- Dale J. Savoie, a seaman employed by Lafourche Boat Rentals, Inc., served as captain of the crew boat C/B MISS DETTE.
- Lafourche was engaged by Loffland Brothers Company to transport crews and supplies to Loffland’s barge, LOFFLAND 154.
- While the MISS DETTE was working for Loffland, Savoie boarded the LOFFLAND 154 to eat and watch television.
- Early the next morning, Savoie attempted to descend a well-lit stairway on the barge that had a metal beam protruding at a height requiring him to duck.
- Although Savoie had used the stairway before, he struck his head on the beam, fell down the stairs, and suffered serious injuries requiring about $20,000 in medical services.
- Savoie sued Lafourche and Loffland, but ultimately accepted maintenance and cure from Lafourche and relinquished other claims.
- Lafourche then sought reimbursement from Loffland for the maintenance and cure payments, asserting Loffland’s negligence created the need for those payments.
- The district court found both Loffland and Savoie negligent, found Lafourche not at fault, and awarded Lafourche full reimbursement; Loffland appealed.

## Issues

1. Whether an innocent seaman’s employer that paid maintenance and cure may obtain full reimbursement from a negligent third party when the seaman’s own negligence contributed to the injury.
2. Whether comparative fault attributable to the seaman reduces the third party’s indemnity obligation to the innocent employer for maintenance and cure.

## Decision

- The Fifth Circuit affirmed the judgment awarding Lafourche full reimbursement from Loffland.
- The court held that an innocent employer is entitled to full indemnity from a negligent third party for maintenance and cure payments made necessary by the third party’s negligence, even if the seaman was partially at fault.
- The court rejected Loffland’s argument that Savoie’s comparative negligence should proportionally reduce Lafourche’s recovery.

## Legal Principles

- Maintenance and cure is a largely no-fault maritime obligation owed by an employer/shipowner to a seaman injured in the service of the vessel.
- In the Fifth Circuit, an innocent employer that pays maintenance and cure may obtain indemnification from a negligent third party whose wrongdoing necessitated those payments.
- The seaman’s contributory negligence does not reduce the negligent third party’s duty to fully reimburse an innocent employer for maintenance and cure outlays.

## Conclusion

An employer that is not at fault remains entitled to full reimbursement of maintenance and cure payments from a negligent third party whose conduct caused the need for those payments, even when the injured seaman’s own negligence contributed to the accident.


Savoie v. Lafourche Boat Rentals, Inc., 627 F.2d 722 (5th Cir. 1980)