Smith v. Union Oil Co.

Plaintiff is the widow of, and the administratrix of the estate of, Eldon W. Smith, a deep-sea diver who died as a result of an attack of the “bends” (caisson disease) suffered during a dive from an offshore oil drilling ship named the Submarex. The fatal dive took place on April 4, 1957, and Smith died the following day. The Submarex was owned, staffed and operated by defendant Louis N. Waterfall, Inc. Waterfall’s employee, defendant Alex P. Metson, was the ship’s captain. The Submarex was chartered to the CUSS group to conduct offshore drilling operations, and the CUSS representative on board, Ed McLeod (an employee of Union Oil), was in charge of the drilling operation. Defendant was hired by McLeod, and his fatal dive was made in furtherance of the drilling operation.

Plaintiff commenced this action for recovery under the Jones Act ( 46 U.S.C. § 688 ), the doctrine of unseaworthiness, and general maritime negligence. The trial court granted a nonsuit as to the cause of action based on the doctrine of unseaworthiness. he remaining causes of action were tried before a jury and, at the request of the parties, the following questions were submitted to the jury for special…