Opinion
No. 2001-CA-0295, No. 2001-CA-0296
June 19, 2002.
APPEAL FROM PLAQUEMINES 25TH JUDICIAL DISTRICT COURT NOS. 40-596 C/W 40-972, DIVISION "A" HONORABLE LUKE PETROVICH, JUDGE PRO TEMPORE
Terry A. Bell, TERRY A. BELL, BELL LAW FIRM, COUNSEL FOR RONALD ANDERSON, MELINDA RENE CLEMONS, CHAD WUNSTELL, CONNIE WUNSTELL AND ALBERT RAGAS
Philip F. Cossich, Jr., Darren D. Sumich, COSSICH, SUMICH PARSIOLA, L.L.C., COUNSEL FOR CLARK FOINTAINE, JR., DONALD J. ANDERSON AND KERRI WALTMAN ANDERSON
Gustave A. Manthey, Jr., Assistant Attorney General, Louisiana Department of Justice, Litigation Division, and Richard P. Ieyoub, Attorney General James C. Bates, Special Assistant Attorney General, STRAIN, DENNIS, MAYHALL BATES, COUNSEL FOR STATE OF LOUISIANA THROUGH THE DEPARTMENT OF NATURAL RESOURCES
(Court composed of Judge Charles R. Jones, Judge Terri F. Love, and Judge Max N. Tobias, Jr.)
ON APPLICATION FOR REHEARING
The Application for Rehearing filed by the State of Louisiana through the Department of Natural Resources (hereinafter "State") is granted for the sole purpose of clarifying our previous decision.
The State argues that general maritime law was the applicable law in this case citing Fox v. Southern Scrap Export Co., Ltd., 618 So.2d 844, 846 (La. 1993), which states that "[a] tort action falls within admiralty or maritime jurisdiction if the tort occurred in navigable waters and had a significant relationship to a traditional maritime activity." We have reviewed this case, but do not find that it overrules Adams v. Chevron U.S.A., Inc., 589 So.2d 1219 (La.App. 4 Cir. 11/14/91). Adams states that "[m]aritime tort cases apply the general maritime law, not state tort law, unless there are significant state policy considerations involved." Id. at p. 1222. Clearly, there are significant state policy considerations involved in the regulation of navigable waters in which the State encourages commercial use of said waters.
Thus, we hereby affirm our previous judgment.
TOBIAS, J. CONCURS
I respectfully concur in the granting of the rehearing to clarify the majority's opinion.
I adhere to the reasons assigned in my original concurrence.