Miranda McCuller v. Nautical Ventures, L.L. ( 2011 )


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  •      Case: 09-31084     Document: 00511554326         Page: 1     Date Filed: 07/28/2011
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    July 28, 2011
    No. 09-31084                        Lyle W. Cayce
    Clerk
    MIRANDA MCCULLER, wife of/and; BENJAMIN MCCULLER,
    Plaintiffs - Appellants - Cross-Appellees
    v.
    NAUTICAL VENTURES, L.L.C.,
    Defendant - Appellee - Cross-Appellant
    Appeals from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 2:05-cv-01195
    Before BARKSDALE, DENNIS, and HAYNES, Circuit Judges.
    PER CURIAM:*
    Benjamin McCuller and his wife, Miranda McCuller, sued Nautical
    Ventures, L.L.C., under the Longshore and Harbor Workers’ Compensation Act
    (LHWCA), 
    33 U.S.C. § 905
    (b), after Benjamin, who was working as a
    longshoreman, was injured when he fell while descending a ladder on a ship
    owned by Nautical. The district court found that Nautical was negligent in
    providing a damaged ladder for his use and that Benjamin was thirty percent at
    fault for his injuries; the court awarded the McCullers damages accordingly.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
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    The McCullers appeal the district court’s finding of Benjamin’s comparative fault
    and three aspects of the district court’s damages award, and Nautical cross-
    appeals the district court’s finding of liability. We AFFIRM the district court’s
    findings of liability and comparative fault, and the district court’s decision not
    to award damages for the loss of household services and the cost of in vitro
    fertilization. We VACATE and REMAND in part the district court’s damages
    award in respect to expenses for the McCullers’ future medical needs.
    I.
    Benjamin McCuller worked for Halliburton Energy Services at a marine
    terminal in Fourchon, Louisiana. On April 2, 2004, the C-Legend, a vessel
    owned and operated by Nautical, docked at Halliburton’s facilities to have dry
    bulk cement loaded into the vessel’s cargo tanks. Benjamin was responsible for
    boarding the C-Legend to attach hoses to the vessel for this purpose. Because
    the vessel’s two gangways were inaccessible, the crew of the C-Legend deployed
    an embarkation ladder, known as a Jacob’s ladder, which consists of rope sides
    and wooden rungs.      Benjamin used the Jacob’s ladder five times without
    incident, but on his final descent down the ladder, during which Benjamin was
    carrying a clipboard, one of the ladder’s rungs broke and Benjamin fell
    approximately five feet to the dock below. As a result of his fall, Benjamin
    sustained knee and back injuries.
    The McCullers sued Nautical under the LHWCA, 
    33 U.S.C. § 905
    (b), which
    provides for shipowner liability for, inter alia, a breach of the vessel’s “turnover
    duty.” Moore v. M/V ANGELA, 
    353 F.3d 376
    , 380 (5th Cir. 2003). “The
    ‘turnover duty’ relates to the condition of the ship upon the commencement of
    stevedoring operations” and “requires a vessel to exercise ordinary care under
    the circumstances to turn over the ship and its equipment in such condition that
    an expert and experienced stevedoring contractor, mindful of the dangers he
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    should reasonably expect to encounter will be able by the exercise of ordinary
    care to carry on cargo operations with reasonable safety to persons and
    property.” 
    Id.
     (quoting Howlett v. Birkdale Shipping Co., 
    512 U.S. 92
    , 98 (1994))
    (internal quotation marks omitted) (citing Scindia Steam Navigation Co. v. De
    Los Santos, 
    451 U.S. 156
    , 167 (1981)). Following a bench trial, the district court
    determined that Nautical had breached its turnover duty by deploying a
    defective Jacob’s ladder, which had been damaged during a deployment several
    weeks prior to Benjamin’s fall. The court found that the “[d]amage to the
    ladder”—“[a] small crack” in the wood of a rung of the ladder—“should have been
    apparent to a crewman [of the C-Legend] during a reasonable inspection of the
    ladder prior to its deployment” but “that the damaged condition of the ladder
    would [not] have been open and obvious to [Benjamin] McCuller” while he was
    using the ladder. McCuller v. Nautical Ventures, LLC, No. 05-1195, 
    2009 WL 3254290
    , at *3 (E.D. La. Oct. 6, 2009). The district court found that “[a]s a result
    of the accident . . . , Benjamin McCuller sustained injuries to his back and legs”;
    was “diagnosed as having herniated discs in his lumbar, thoracic, and cervical
    spine, and a hernia”; “has occipital neuralgia (headaches at the back of his head)
    and chronic back pain”; “has undergone at least eight surgical procedures . . .
    including an anterior lumbar interbody fusion . . . , a second fusion with a
    bilateral decompression and an implantation of a bilateral stage 1 spinal cord
    stimulator as well as numerous invasive tests, injections and inpatient and
    outpatient care.” 
    Id.
     The court further found that Benjamin had no prior
    history of such injuries before his fall and that “[h]e remains in pain which is
    made somewhat tolerable with medication and his temporary stimulator.” 
    Id. at *4
    .
    The court concluded that the McCullers were entitled to damages for
    Benjamin’s lost wages, pain and suffering, and medical expenses; and for the loss
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    of consortium.      The McCullers had also sought damages for the loss of
    Benjamin’s household services and for the cost of in vitro fertilization because
    Benjamin sustained nerve damage during one of his surgeries, which rendered
    him incapable of producing sperm. However, the district court did not award
    damages for the loss of household services. The court also did not award
    damages for in vitro fertilization because it “f[ound] these damages to be highly
    speculative.” 
    Id.
     at *4 n.1. The court found that Benjamin was thirty percent
    at fault for his injuries because he was holding a clipboard while climbing down
    the ladder, and it reduced the McCullers’ recovery accordingly. The court
    entered judgment on October 7, 2009, and denied the McCullers’ motion to alter
    the judgment or for a new trial on October 23, 2009. The McCullers timely
    appealed and Nautical timely cross-appealed.
    II.
    “‘The standard of review for a bench trial is well established: findings of
    fact are reviewed for clear error and legal issues are reviewed de novo.’” Mid-
    South Towing Co. v. Exmar Lux (In re Mid-South Towing Co.), 
    418 F.3d 526
    , 531
    (5th Cir. 2005); see Fed. R. Civ. P. 52(a). Clear error review means that “[i]f the
    district court’s account of the evidence is plausible in light of the record viewed
    in its entirety, the court of appeals may not reverse it even though convinced
    that had it been sitting as the trier of fact, it would have weighed the evidence
    differently.” Anderson v. City of Bessemer, 
    470 U.S. 564
    , 573-74 (1985). “A
    finding is clearly erroneous if a review of the record leaves ‘a definite and firm
    conviction that a mistake has been committed.’” Boudreaux v. United States, 
    280 F.3d 461
    , 466 (5th Cir. 2002) (quoting Jackson v. OMI Corp., 
    245 F.3d 525
    , 528
    (5th Cir. 2001), in turn quoting McAllister v. United States, 
    348 U.S. 19
    , 20
    (1954)). In reviewing a district court’s factual findings, we “must give due regard
    to the trial court’s opportunity to judge the witnesses’ credibility.” Fed. R. Civ.
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    31084 P. 52
    (a)(6). Accordingly, “[t]he burden of showing that the findings of the district
    court are clearly erroneous is heavier if the credibility of witnesses is a factor in
    the trial court’s decision.” Canal Barge Co. v. Torco Oil Co., 
    220 F.3d 370
    , 375
    (5th Cir. 2000) (internal citations and quotation marks omitted). “However,
    when [a factual finding is] essentially based on an incorrect legal principle, [clear
    error review] does not apply and we disregard any such possible findings.” Delta
    S.S. Lines, Inc. v. Avondale Shipyards, Inc., 
    747 F.2d 995
    , 1000 (5th Cir. 1984).
    A.
    Nautical argues that a vessel has no duty to warn of dangers that would
    be obvious to a longshoreman of reasonable competence. This exception to the
    turnover duty applies if the defect causing the injury is open and obvious and
    one that the longshoreman should have seen. See Moore, 
    353 F.3d at
    381 (citing
    Scindia, 
    451 U.S. at 167
    ; Pimental v. LTD Can. Pac. Bul, 
    965 F.2d 13
    , 16 (5th
    Cir. 1992)).   We review for clear error the district court’s “findings that
    [Nautical] violated the turnover duty and that the ‘open and obvious’ exception
    did not exempt [Nautical] from the turnover duty.” Moore, 
    353 F.3d at 380-82
    .
    The district court found the damage to the ship’s ladder was not open and
    obvious to Benjamin McCuller:
    The Court does not find it more likely than not that the
    damaged condition of the ladder would have been open and obvious
    to McCuller, who was climbing the ladder. It was not his employer’s
    ladder. McCuller had no involvement in deploying the ladder. He
    had no prior experience with this type of ladder. In fact he had
    never climbed a Jacob’s ladder to gain access to a vessel before and
    had never seen one being used at this dock. In the past he and his
    fellow employees had always used gangways. He had no duty to
    conduct a detailed inspection of the ladder and would not have
    known what to look for if he had inspected it. A small crack, which
    would have been noticed upon inspection, would not necessarily
    have been seen by McCuller, whose focus was on the upward climb
    and who was concentrating on grabbing the ropes of the ladder as
    opposed to looking down at where his feet were placed on the step.
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    He was relying on the Defendant employees to check it for damage
    prior to deploying it.
    . . . . [T]his is not a case where it is “contradictory to suggest
    that a careful shipowner should discover an apparent defect but that
    a careful stevedor may miss it with impunity.” Morris v. Compagnie
    Maritime Des Chargeurs Reunis, S.A., 
    832 F.2d 67
    , 69-70 (5th Cir.
    1987). Benjamin McCuller did not have the same access to or view
    of the defective ladder nor did he have any experience or training to
    alert him as to what to look for. Nautical Ventures had a duty to
    inspect the ladder prior to deployment. This inspection included
    rolling out the ladder on flat ground, looking individually at the top,
    bottom, and sides of each step and checking for markings, fractures,
    or other signs of prior crushing damage. Benjamin McCuller saw the
    ladder only as it was deployed off of the side of the C/V Legend. He
    could not see all sides of each step, and further, while climbing, it
    was not his job to look at each step. McCuller was looking upwards
    and balancing on a relatively unstable ladder hanging from a docked
    ship. What may be open and obvious from one angle or view is not
    necessarily so from another. Any damage the ladder sustained prior
    to deployment was not open and obvious to McCuller.
    McCuller, 
    2009 WL 3254290
    , at *3-5.
    The evidence supports the court’s finding that the defect in the ladder was
    not open and obvious to a longshoreman once the ladder was deployed. Contrary
    to Nautical’s contention, the district court did not mistakenly apply a subjective
    interpretation of the “open and obvious” doctrine. Instead, the court merely
    explained that the damage to the ladder should have been discovered by a
    crewman of the C-Legend upon a reasonable inspection while the ladder was laid
    out flat and the rungs could be examined from several angles, whereas once the
    ladder was deployed, the damage would not have been obvious to a
    longshoreman climbing up and down the ladder. Further, Nautical is mistaken
    that the district court erred in considering Benjamin’s subjective awareness of
    the condition of the ladder: His subjective awareness was relevant because had
    the district court found that Benjamin was subjectively aware of the dangerous
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    condition, it would have had to find that the condition was open and obvious.
    See Greenwood v. Societe Francaise De, 
    111 F.3d 1239
    , 1246 (5th Cir. 1997) (“If
    the longshoreman knew of the defect, then it is considered open and obvious.”).
    Nautical further contends that Halliburton, as McCuller’s stevedore-
    employer, had a duty to inspect the ship’s ladder thoroughly enough to discover
    the small crack in one of the ladder’s rungs and because it failed to do so,
    Nautical should be relieved of liability. We are unpersuaded by Nautical’s
    argument, which fails to demonstrate that Halliburton had such an expansive
    duty.
    First, Nautical places too much reliance on a general statement in the
    Supreme Court’s decision in Scindia, which describes the LHWCA as
    “requir[ing] the stevedore . . . to provide a ‘reasonably safe’ place to work.” 
    451 U.S. at 170
     (quoting 
    33 U.S.C. § 941
    ). According to Nautical’s argument, the
    stevedore’s duty to provide a reasonably safe workplace required Halliburton to
    thoroughly inspect the ship’s Jacob’s ladder before its employees used it, and
    Halliburton’s breach of that duty completely negates Nautical’s liability for
    breaching its turnover duty. However, nothing in Scindia dictates or even
    implies an expansive duty for stevedores to thoroughly inspect and discover non-
    obvious dangers on a ship. Instead, the question in Scindia was whether the
    vessel owner’s turnover duty required the vessel owner to oversee the ongoing
    cargo operations of longshoremen once the vessel was turned over to the
    stevedore in safe condition; and “[the Court] held . . . [that] a vessel need not
    supervise or inspect ongoing cargo operations for the benefit of longshoremen
    then on board.” Howlett v. Birkdale Shipping Co., 
    512 U.S. 92
    , 102 (1994).
    Nautical cites no authority, and we are aware of none, that has read Scindia to
    create an expansive duty for stevedores to thoroughly inspect and discover non-
    obvious dangers on a ship. See Scindia, 
    451 U.S. at 180
     (Powell, J., concurring)
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    (“I join the Court’s opinion because I agree with its basic thrust—placing the
    primary burden on the stevedore for avoiding injuries caused by obvious
    hazards.” (emphasis added)).
    Next, Nautical relies on Polizzi v. M/V Zephyros II Monrovia, 
    860 F.2d 147
     (5th Cir. 1988), to argue that Halliburton failed to conduct “a reasonable
    inspection,” which somehow relieves Nautical of any liability. However, Polizzi
    did not establish that a stevedore has a duty to conduct an inspection of a ship
    in such a detailed manner that it would discover a small crack in one of the
    rungs of the ship’s Jacob’s ladder. Instead, in Polizzi, the plaintiff longshoreman
    was injured when he slipped and fell on oil on the ship’s deck. 
    Id. at 148
    . We
    affirmed the jury’s verdict for the defendants because there was expert
    testimony that “the hazard [of oil on the ship’s deck] was obvious.” 
    Id. at 149
    .
    We said that “[i]t was not against the weight of the evidence for the jury to find
    that the stevedore [did not act with reasonable care] in failing to inspect and
    take the easy steps that would have avoided the hazard presented by the oily
    film on the deck.” 
    Id.
     That is, we concluded that there was sufficient evidence
    for the jury to find that the hazard was obvious, and therefore, it was reasonable
    for the jury to find that the stevedore had failed to discharge its duty to discover
    an obvious danger. In the present case, unlike in Polizzi, the defect was a small
    crack in a rung of a Jacob’s ladder, which was found not to be open and obvious.
    Therefore, Polizzi does not establish a broad duty of the stevedore to discover
    non-obvious dangers on a ship.
    Nautical also misplaces reliance on Morris v. Compagnie Maritime Des
    Chargeurs Reunis, S.A., 
    832 F.2d 67
     (5th Cir. 1987). Nautical argues that since
    the district court found that the defect in the ladder should have been discovered
    upon a reasonable inspection by the ship’s crew, Morris required the district
    court to also find that the defect was open and obvious to McCuller. We
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    disagree. In Morris, the plaintiff longshoreman was injured when the ship’s
    straight aluminum ladder that he was using slipped on the ship’s metal deck and
    Morris fell. 
    Id. at 68
    . The district court found that the ship had breached its
    turnover duty. 
    Id.
     We reversed because the district court had made “clearly
    contradictory” alternative factual findings regarding the condition of the ladder,
    neither of which supported the determination that the ship had breached its
    duty. 
    Id.
     “The district court found first that the ladder had rubber feet, but they
    were worn slick on the bottom,” and that this defect could only be discovered by
    inspecting the bottoms of the ladder’s rubber feet. 
    Id. at 69
    . There was no
    evidence, however, that “ordinary care would have led the shipowner to discover”
    this “hidden defect.” 
    Id.
     Therefore, the ship did not breach its turnover duty
    under this factual scenario. “The district court found in the alternative that the
    danger posed by the ladder might have been open and obvious if the ladder
    simply had no rubber feet.” 
    Id.
     (internal quotation marks and brackets omitted).
    We understood this “as a finding that the absence of rubber feet was in fact an
    obvious defect” and concluded that “[i]f obvious, it should have been as apparent
    to the stevedore as to the shipowner.”        
    Id.
       Therefore, we said, “[i]t is
    contradictory to suggest that a careful shipowner should discover an apparent
    defect but that a careful stevedore may miss it with impunity.” 
    Id. at 69-70
    . In
    other words, we simply reiterated the open and obvious defense, viz., a
    shipowner is not liable for a stevedore’s failure to discover an obvious, or
    “apparent,” defect. Here, by contrast, Nautical does not challenge the district
    court’s finding that Nautical should have discovered the damage to the Jacob’s
    ladder through the exercise of reasonable care. And, unlike the absence of
    rubber feet on a ladder, which the Morris district court had found was an
    obvious defect, the small crack in the Jacob’s ladder was found not to be open
    and obvious by the district court in this case. Therefore, our statement in Morris
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    that a shipowner is not responsible for a stevedore’s failure to discover an
    apparent defect is inapposite here, where the defect was not obvious. Nothing
    in Morris suggests that the stevedore is required to conduct an inspection of the
    ship that would reveal non-obvious dangers. Accordingly, we are unpersuaded
    that Morris required the district court to reach a different result.
    Finally, Nautical argues that the testimony of Halliburton supervisor
    Robert Winter established that Halliburton had a duty to thoroughly inspect the
    ship’s Jacob’s ladder. Nautical asserts that Winter “testified that the ladder
    should have been inspected by him prior to its use, or he should have instructed
    McCuller and Harrington [the other Halliburton employee working with
    McCuller] to inspect it.” Nautical’s Br. 32. However, Winter’s testimony is
    hardly so clear: Winter was asked, “If this is the first time that they [McCuller
    and Harrington] have used a piece of equipment in the thousands of times that
    vessels have called at the facility, if they had some concern, shouldn’t they have
    inspected the ladder?” and he responded, “I guess so, yes, sir.” Winter did not
    assert that he should have inspected the ladder or should have instructed
    McCuller or Harrington to inspect it. Moreover, Nautical cites no authority
    explaining how Winter’s testimony could establish that Halliburton had a legal
    duty to conduct such a thorough inspection of Nautical’s ship that it should have
    discovered the small crack in the ship’s Jacob’s ladder. We remain unpersuaded
    that Halliburton had such a broad duty.
    In sum, the district court did not err in finding that the dangerous
    condition of the ship’s Jacob’s ladder was not open and obvious.
    B.
    The McCullers appeal the district court’s finding that Benjamin was thirty
    percent at fault for his injuries because he was negligent in carrying a clipboard
    while descending the ladder and this contributed to his injuries.             “[A]
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    longshoreman’s award in a suit against a negligent shipowner [may] be reduced
    by that portion of the damages assignable to the longshoreman’s own negligence
    . . . .” Edmonds v. Compagnie Generale Transatlantique, 
    443 U.S. 256
    , 259-60
    (1979). “We review a district court’s finding of . . . apportionment of fault for
    clear error.” Jauch v. Nautical Servs., Inc., 
    470 F.3d 207
    , 213 (5th Cir. 2006).
    We see no clear error in the district court’s allocation of fault to Benjamin
    McCuller. During the bench trial, the district court was able to watch Benjamin
    demonstrate how he held the clipboard while descending the ladder and listen
    to Benjamin explain why this did not contribute to his injuries. Further,
    Benjamin’s supervisor testified on cross-examination that carrying the clipboard
    violated Halliburton’s safety protocol, and one of Benjamin’s co-workers testified
    that it would be unsafe to carry a clipboard while climbing a ladder. Our “review
    of the record” does not leave us with “a definite and firm conviction that a
    mistake has been committed.” Boudreaux, 
    280 F.3d at 466
     (internal quotation
    marks omitted). Accordingly, we must affirm the district court’s finding that
    Benjamin was thirty percent at fault in causing his injuries.
    C.
    Finally, the McCullers challenge three aspects of the district court’s
    damages award: They contend that (1) the district court’s $100,000 award for
    future medical expenses was insufficient; (2) the district court’s failure to award
    anything for the loss of Benjamin’s household services was erroneous; and (3) the
    district court’s refusal to make any award to pay for in vitro fertilization was
    improper. “We review a trial judge’s assessment of damages for clear error.”
    Moore, 
    353 F.3d at 384
    . We conclude that the district court’s findings on the cost
    of the McCullers’ future medical expenses are insufficiently particular, which
    precludes our review of whether that aspect of the district court’s damages
    award was clearly erroneous. Therefore, we must remand for further findings
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    on the McCullers’ future medical expenses. As for the district court’s decision
    not to award damages for the loss of household services and for the cost of in
    vitro fertilization, we conclude that the district court did not clearly err.
    Therefore, we affirm those aspect of the court’s damages award.
    i.
    Although “[Federal Rule of Civil Procedure] 52(a) does not require that the
    trial court set out findings on all the myriad factual questions that arise in a
    case . . . , parsimony in setting out subsidiary facts may run afoul of the rule . . .
    [that] [t]he findings and conclusions we review must be expressed with sufficient
    particularity . . . .” Golf City, Inc. v. Wilson Sporting Goods, Co., 
    555 F.2d 426
    ,
    432-33 (5th Cir. 1977); see also Hatahley v. United States, 
    351 U.S. 173
    , 182
    (1956) (“[I]t is necessary in any case that the findings of damages be made with
    sufficient particularity so that they may be reviewed.”); Henry v. Champlain
    Enters., Inc., 
    445 F.3d 610
    , 622 (2d Cir. 2006) (Sotomayor, J.) (“Courts are not
    required to provide lengthy analyses in support of their damages findings but
    they are required under [Rule] 52(a) to adequately explain the subsidiary facts
    and methodology underlying the ultimate finding.” (internal quotation marks
    omitted)).1 “[A] district court’s failure to detail its findings or the evidentiary
    1
    “One purpose of [Rule 52(a)] is to aid the appellate court by affording it a clear
    understanding of the ground or basis of the decision of the trial court. Another purpose of the
    rule, identified forthrightly by Judge Frank, is to engender care on the part of the trial judge
    in ascertaining the facts: ‘It is sometimes said that the requirement that the trial judge file
    findings of fact is for the convenience of the upper courts. While it does serve that end, it has
    a far more important purpose[—]that of evoking care on the part of the trial judge in
    ascertaining the facts. For, as every judge knows, to set down in precise words the facts as he
    finds them is the best way to avoid carelessness in the discharge of that duty: Often a strong
    impression that, on the basis of the evidence, the facts are thus-and-so gives way when it
    comes to expressing that impression on paper. The trial court is the most important agency
    of the judicial branch of the government precisely because on it rests the responsibility of
    ascertaining the facts. When a federal trial judge sits without a jury, that responsibility is his.
    And it is not a light responsibility since, unless his findings are ‘clearly erroneous,’ no upper
    court may disturb them. To ascertain the facts is not a mechanical act. It is a difficult art, not
    a science. It involves skill and judgment. As fact-finding is a human undertaking, it can, of
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    basis for its findings negates our ability to apply the clearly erroneous standard
    of review.” Chandler v. City of Dallas, 
    958 F.2d 85
    , 89 (5th Cir. 1992) (internal
    quotation marks omitted)). A district court’s findings of fact under Rule 52(a)
    should “afford [the appellate court] a clear understanding of the ground or basis
    of the decision of the trial court.” In re Ithaca Corp., 
    582 F.2d 3
    , 4 (5th Cir.
    1978). “Findings of fact must be made in sufficient detail and exactness to
    indicate the factual basis for the ultimate conclusion reached by the court.” S.S.
    Silberblatt, Inc. v. United States ex rel. Lambert Corp., 
    353 F.2d 545
    , 549 (5th
    Cir. 1965). “The ultimate test as to the adequacy of findings will always be
    whether they are sufficiently comprehensive and pertinent to the issues to
    provide a basis for decision and whether they are supported by the evidence.”
    
    Id.
     at 549 n.11 (internal quotation marks omitted). “[T]he findings of fact must
    include as much of the subsidiary facts as is necessary to disclose to the
    reviewing court the steps by which the trial court reached its ultimate conclusion
    on each factual issue.” 9C Charles Alan Wright & Arthur R. Miller, Federal
    Practice & Procedure § 2579, at 328 (3d ed. 2008) (citing, inter alia, Golf City,
    Inc. v. Wilson Sporting Goods, Co., 
    555 F.2d 426
    , 433-34 (5th Cir. 1977)).
    When a district court’s damages award is under review, “[a] remand for
    further findings under Rule 52(a) is necessary . . . when an appellate court
    cannot adequately review the ‘lump sum’ award in light of the objections raised
    as to the validity of the award.” Neill v. Diamond M. Drilling Co., 
    426 F.2d 487
    ,
    491-92 (5th Cir. 1970); see also OCI Wyoming, L.P. v. PacifiCorp, 
    479 F.3d 1199
    ,
    1204-06 (10th Cir. 2007) (“The district court’s ‘findings’— . . . [that the plaintiff’s]
    damages amounted to $377,742 —tell us what the district count found. What is
    course, never be perfect and infallible. For that very reason every effort should be made to
    render it as adequate as it humanly can be.’” Golf City, 
    555 F.2d at 432-33
     (citation omitted)
    (quoting United States v. Forness, 
    125 F.2d 928
    , 942-43 (2d Cir. 1942)).
    13
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    No. 09-31084
    missing is why the district court ruled as it did. The district court does not lay
    out, in any level of detail, the facts supporting its award. . . . We therefore
    vacate the judgment and remand with instructions that the district court review
    the evidence previously presented and . . . set[] forth sufficient findings of fact
    and conclusions of law pursuant to Rule 52(a) . . . .”); Henry, 
    445 F.3d at 622
    (“The district court’s [damages] determination,” based on its finding “that
    CommutAir was valued at $145 million . . . was not accompanied by any
    explanation of the facts or methodology used to reach this figure. In the absence
    of a specific explanation for the district court’s findings, we are unable to
    determine whether this valuation, and the resulting damages award, are
    justified.”); In re Ithaca Corp., 
    582 F.2d at 4
     (vacating and remanding a lump
    sum attorney’s fees award that did not specify any subsidiary facts regarding the
    hours worked or the value of the attorney’s services).
    The McCullers’ experts testified that approximately $1,200,000 to
    $2,500,000 would be required to compensate the McCullers for their future
    medical expenses, while Nautical’s experts testified that approximately $400,000
    to $565,000 would be needed to pay for those expenses. That is, while the
    parties strenuously contested the maximum amount that should be awarded for
    the McCullers’ future medical expenses, neither party argued that the level of
    the award should be as low as $100,000. The district court, however, found that
    “McCuller’s . . . future medical expenses, according to the credible evidence, will
    be $100,000.” McCuller, 
    2009 WL 3254290
    , at *4. The district court’s opinion
    does not adequately explain how or why the court determined that $100,000 was
    an appropriate award for future medical expenses when the lowest projected
    total cost for such expenses by either of the parties’ experts was nearly four
    times that amount, and the parties’ experts agreed substantially on Benjamin’s
    14
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    No. 09-31084
    future medical needs—albeit with different projected costs for those needs.2
    Accordingly, we must vacate and remand for further findings and conclusions of
    the damages award for the McCullers’ future medical expenses.
    ii.
    The McCullers also requested damages for the loss of household services,
    which is a compensable component of damages in LHWCA suits. See Verdin v.
    C&B Boat Co., 
    860 F.2d 150
    , 157-58 (5th Cir. 1988). The district court did not
    make a specific finding regarding the loss of household services. “If a trial judge
    fails to make a specific finding on a particular fact, the reviewing court may
    assume that the court impliedly made a finding consistent with its general
    holding so long as the implied finding is supported by the evidence.” Century
    Marine Inc. v. United States, 
    153 F.3d 225
    , 231 (5th Cir. 1998). Mrs. McCuller
    testified that, prior to the injury, Benjamin handled yard work, performed
    repairs around the house, and serviced the McCullers’ vehicles, and that after
    Benjamin’s injury, she has had to take care of those chores. However, Nautical
    introduced surveillance video of Benjamin engaged in activities that involved
    standing, bending, squatting, and climbing, and argued that the McCullers
    should not be compensated for the loss of household services because Benjamin
    is still able to perform the same chores that he had performed before he was
    injured. Accordingly, we may assume that the district court impliedly made a
    finding that Benjamin is still able to perform household services, which is
    supported by the evidence. Therefore, we conclude that the district court did not
    clearly err by not awarding the McCullers damages for the loss of household
    services.
    2
    The McCullers’ expert’s and Nautical’s expert’s life care plans both included expenses
    related to physical therapy, medications, doctors’ visits, and surgery to implant a dorsal
    column stimulator.
    15
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    No. 09-31084
    iii.
    Finally, the McCullers requested damages for the cost of in vitro
    fertilization. The McCullers and their doctor testified that Benjamin is no longer
    able to deliver sperm as the result of nerve damage that he sustained during one
    of his back surgeries, which was done to repair damage caused by Benjamin’s
    fall from the ladder. They further testified that prior to the surgery, which is
    known to involve a risk of such nerve damage, Benjamin banked sperm as a
    precaution because the McCullers planned to have more children; and the
    McCullers’ doctor testified that he had recommended in vitro fertilization for the
    McCullers because it would provide a greater than fifty percent chance of
    pregnancy. The McCullers’ doctor testified that the fact that the McCullers
    conceived their first child naturally before Benjamin’s injury demonstrated their
    potential to conceive naturally if Benjamin had not been injured, and that
    Mrs. McCuller had a “good prognosis” of conceiving without medical assistance,
    absent Benjamin’s injury.
    The district court, however, denied damages for the cost of in vitro
    fertilization, stating, “[t]he Court has considered the credible evidence and finds
    these damages to be highly speculative.” McCuller, 
    2009 WL 3254290
    , at *4 n.1.
    As Nautical points out, the evidence showed that the McCullers suffered from
    fertility problems before Benjamin’s injury: the McCullers’ doctor testified on
    cross-examination that Mrs. McCuller had had two surgeries to treat
    endometriosis, and could have redeveloped endometriosis since her last surgery;
    and that endometriosis causes decreased fertility. The McCullers’ doctor further
    testified that there was no guarantee that Mrs. McCuller could become pregnant
    through in vitro fertilization. Accordingly, we conclude that the district court did
    not clearly err by finding that it was “highly speculative” that the McCullers
    required medical assistance to conceive another child because of Benjamin’s
    16
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    No. 09-31084
    injuries; and therefore, the district court did not clearly err in refusing to award
    the McCullers damages for the cost of in vitro fertilization.
    III.
    For the foregoing reasons, we AFFIRM the district court’s findings
    regarding the parties’ liability and comparative fault, and the district court’s
    decision not to award damages for the loss of household services or the cost of in
    vitro fertilization; and we VACATE and REMAND in part for further findings
    and conclusions as to the McCullers’ damages for future medical expenses. “The
    district court may, of course, make such further findings and conclusions as it
    may see fit, and may, in its discretion, take further evidence as to damages, or
    base its findings and conclusions upon the record already made.” Neill, 
    426 F.2d at 492
    ; see also Wright & Miller, supra, § 2577, at 303 (The court of appeals “may
    . . . leave it to the trial court to decide whether further findings should be on the
    basis of the existing record or on the record as supplemented on the remand.”).
    17