SARAH S. VANCE, District Judge.
Defendants Extreme Fishing, LLC, and Troy Wetzel move for summary judgment as to the claims of plaintiffs Tracy Edwards
This consolidated action arises out of a boat collision on February 12, 2017.
The M/V SUPER STRIKE, with plaintiffs aboard, was crossing the Mississippi River when it collided with the M/V MISS IDA, a vessel owned by TK Boat Rentals.
The owners of the M/V MISS IDA and of the M/V SUPER STRIKE each filed limitation of liability actions in this Court relating to the February 12, 2017 collision.
Summary judgment is warranted when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994). When assessing whether a dispute as to any material fact exists, the Court considers "all of the evidence in the record but refrain[s] from making credibility determinations or weighing the evidence." Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398-99 (5th Cir. 2008). All reasonable inferences are drawn in favor of the nonmoving party, but "unsupported allegations or affidavits setting forth `ultimate or conclusory facts and conclusions of law' are insufficient to either support or defeat a motion for summary judgment." Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir. 1985); see also Little, 37 F.3d at 1075. "No genuine dispute of fact exists if the record taken as a whole could not lead a rational trier of fact to find for the non-moving party." EEOC v. Simbaki, Ltd., 767 F.3d 475, 481 (5th Cir. 2014).
If the dispositive issue is one on which the moving party will bear the burden of proof at trial, the moving party "must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial." Int'l Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1264-65 (5th Cir. 1991) (internal citation omitted). The nonmoving party can then defeat the motion by either countering with evidence sufficient to demonstrate the existence of a genuine dispute of material fact, or "showing that the moving party's evidence is so sheer that it may not persuade the reasonable fact-finder to return a verdict in favor of the moving party." Id. at 1265.
If the dispositive issue is one on which the nonmoving party will bear the burden of proof at trial, the moving party may satisfy its burden by pointing out that the evidence in the record is insufficient with respect to an essential element of the nonmoving party's claim. See Celotex, 477 U.S. at 325. The burden then shifts to the nonmoving party, who must, by submitting or referring to evidence, set out specific facts showing that a genuine issue exists. See id. at 324. The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for trial. See, e.g., id.; Little, 37 F.3d at 1075 ("Rule 56 mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." (quoting Celotex, 477 U.S. at 322)).
Plaintiffs assert that their injuries "were legally and proximately caused by the fault, including negligence, of Defendants, . . . as well as by the unseaworthiness of the aforesaid fishing vessel and the M/V MISS IDA."
Plaintiffs acknowledge that they are not owed a duty of seaworthiness.
Extreme Fishing and Wetzel argue that they are entitled summary judgment with regard to Siria's negligence claims because he has not suffered any actual injuries.
Siria argues that he can recover for emotional distress under general maritime law because he was within the zone of danger of the collision.
The Court assumes without deciding that the zone of danger rule is applicable to Siria's claim, and that Siria was within the zone of danger of the collision. See Barker v. Hercules Offshore, Inc., 713 F.3d 208, 224 (5th Cir. 2013) (explaining that the Fifth Circuit has "yet to recognize recovery under the zone of danger rule for general maritime claims" (internal quotation omitted)). But the zone of danger rule is merely a threshold requirement to determine whether a plaintiff is eligible to recover for emotional injuries. See Naquin, 744 F.3d at 938 (describing the zone of danger test as a limiting test on who can recover damages for emotional harm). Siria must also demonstrate that he suffered actual injuries. Cf. Gough v. Nat. Gas Pipeline Co. of Am., 996 F.2d 763, 764 (5th Cir. 1993) (plaintiff was diagnosed with post-traumatic stress disorder); Hagerty v. L & L Marine Servs., Inc., 788 F.2d 315, 318-19 (5th Cir. 1986) (plaintiff developed cancerphobia after he was accidentally soaked with toxic chemicals); Anselmi v. Penrod Drilling Corp., 813 F.Supp. 436, 438 (E.D. La. 1993) (noting that the defendant did not dispute that the plaintiff suffered severe emotional distress).
Siria fails to show a genuine issue of disputed fact as to his injuries. In his deposition, Siria acknowledged that he did not suffer any personal injuries as a result of the collision, that he has not and does not plan to seek medical or psychological treatment, and that he cannot identify anything that he could do before the accident that he can no longer do.
Siria has identified no legal authority recognizing a negligence claim based on such a slight showing of injury. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986) (explaining that "[t]he mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient" to defeat summary judgment). Even drawing all inferences in favor of Siria, "the record taken as a whole could not lead a rational trier of fact to find" that he experienced compensable emotional injuries. Simbaki, 767 F.3d at 481; see also Gough, 996 F.2d at 767 (explaining that a jury's award of damages must be proportional to "the circumstances of the accident and the evidence of mental anguish and disability"). Siria's negligence claims must be dismissed.
Extreme Fishing and Wetzel argue that Edwards' negligence claims must also be dismissed because Edwards was not injured as a result of the accident.
As the Fifth Circuit has explained, "Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party's opposition to summary judgment." Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998) (internal citation omitted). The Court has nevertheless attempted to identify evidence of Edwards' alleged injuries in the record. In his deposition, Edwards testified that he jumped into the river at the time of the collision, and that the water was very cold.
For the foregoing reasons, the motions for summary judgment and partial summary judgment are GRANTED. The claims of Justin McCarthy, Michael Harrell, Patrick Beck, and Beck's minor son, C.D.B., are DISMISSED WITH PREJUDICE insofar as they assert a breach of a duty of seaworthiness. Further, the claims of Tracy Edwards and Charles "Nick" Siria are DISMISSED WITH PREJUDICE.