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Keywords

damagesdepositionappealtrialmotionsummary judgmentdiscriminationcredibility
plaintiffdefendantdepositionappealtrialmotionsummary judgmentcredibility

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Thompson v. Prestige Towing Services

Facts

Robert E. Thompson, an African-American tankerman employed by Cenac Towing Co., LLC, began a 28-day hitch aboard the M/V Norman Proehl. During this time, he noticed a rope resembling a noose in the tugboat's wheelhouse but did not express concern until a verbal confrontation with the captain on October 17, 2008. Following this incident, Thompson filed a petition for damages alleging negligent infliction of emotional distress and racial discrimination, claiming that the noose was intended to threaten and intimidate him due to his race.

The plaintiff, an African-American, was employed by the defendant as a tankerman. On October 3, 2008, the plaintiff started a 28-day hitch aboard the M/V Norman Proehl. The plaintiff allegedly noticed a rope that resembled a noose hanging in the tugboat's wheelhouse. The plaintiff did not express any concerns about the noose until October 17, 2008, when he went into the wheelhouse and told the captain that he would report him for the noose. At no time during the verbal confrontation did the captain make any physical contact with the plaintiff. The captain reported the incident to the defendant's personnel coordinator, and the plaintiff was transferred from the M/V Norman Proehl to another vessel the following day.

Issue

Did the trial court err in granting summary judgment in favor of Cenac Towing Co., LLC, by determining that Thompson did not have a claim for intentional and negligent infliction of emotional distress under the Jones Act?

Did the trial court err in granting summary judgment in favor of Cenac Towing Co., LLC, by determining that Thompson did not have a claim for intentional and negligent infliction of emotional distress under the Jones Act?

Rule

The 'zone of danger' test allows a worker to recover for emotional injury caused by fear of physical injury if they are within the zone of danger of physical impact. The court must assess whether the employee felt threatened with imminent physical harm.

The 'zone of danger' test allows a worker to recover for emotional injury caused by fear of physical injury if they are within the zone of danger of physical impact. The court must assess whether the employee felt threatened with imminent physical harm.

Analysis

The court found that the trial court improperly weighed evidence and made credibility determinations regarding Thompson's subjective feelings of threat. The court emphasized that the issue of whether Thompson felt threatened for his life upon seeing the noose was a factual question that should not have been resolved at the summary judgment stage. The court noted that Thompson's deposition indicated he felt threatened, which created a genuine issue of material fact.

The court found that the trial court improperly weighed evidence and made credibility determinations regarding Thompson's subjective feelings of threat. The court emphasized that the issue of whether Thompson felt threatened for his life upon seeing the noose was a factual question that should not have been resolved at the summary judgment stage. The court noted that Thompson's deposition indicated he felt threatened, which created a genuine issue of material fact.

Conclusion

The court reversed the trial court's judgment and remanded the case for further proceedings, allowing Thompson's claims to proceed.

The court reversed the trial court's judgment and remanded the case for further proceedings, allowing Thompson's claims to proceed.

Who won?

Robert E. Thompson prevailed in the appeal because the court found that the trial court had erred in granting summary judgment by improperly weighing evidence and making credibility determinations.

Robert E. Thompson prevailed in the appeal because the court found that the trial court had erred in granting summary judgment by improperly weighing evidence and making credibility determinations.

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