Richard Skains v. Torch Offshore, L.L.C. ( 2008 )

Opinion issued April 10, 2008 

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-07-00008-CV

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RICHARD SKAINS, Appellant

V.

TORCH OFFSHORE, L.L.C., Appellee

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On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2001-60227

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MEMORANDUM OPINION  

          Appellant, Richard Skains, appeals from a take-nothing judgment rendered on his negligence claim under the general maritime law asserted against appellee, Torch Offshore, L.L.C. (“Torch”). Skains’s sole appellate challenge is that the evidence was factually insufficient to support the jury’s negative finding of negligence by Torch. Concluding that Skains failed to preserve his sole appellate challenge, we affirm.

Pertinent Procedural Background

          Skains was employed by Gulf Coast International Inspection, Inc. as an x-ray technician. In December 2007, Skains was being transported to a worksite aboard Torch’s vessel, the M/V MIDNIGHT FOX, when the vessel pitched suddenly, causing him to hit his head against a steel doorway. At trial, Skains contended that the M/V MIDNIGHT FOX had collided with another vessel due to Torch’s negligence, thereby injuring him; Torch disputed that a collision occurred, that it was negligent, and that any injury occurred that resulted in Skains’s damages.

          Skains sued Torch for negligence under the Jones Act, for compensation under the Longshoreman and Harbor Worker’s Compensation Act (“LHWCA”), for negligence under the general maritime law, and for breach of the warranty of seaworthiness. The trial court rendered summary judgment on Skains’s claims for negligence under the Jones Act and for breach of the warranty of seaworthiness and also disposed of his LHWCA claim pre-trial, though the record is unclear exactly how that disposition occurred. In October 2005, the case went to trial solely on Skains’s claim for negligence under the general maritime law. The jury found that neither party was negligent, and the trial court rendered a take-nothing judgment on Skains’s negligence claim. Skains filed a motion for new trial, which the trial court denied.

Preservation of Error

          In his sole issue, Skains complains that the evidence is factually insufficient to support the jury’s finding that Torch was not negligent.

          The filing of a motion for new trial is a prerequisite to an appellate complaint challenging the factual sufficiency of the evidence supporting a jury finding. See Tex. R. Civ. P. 324(b)(2). To preserve error, the motion for new trial must state the factual-sufficiency complaint; a general motion for new trial that does not assert factual insufficiency does not suffice. See, e.g., Halim v. Ramchandani, 203 S.W.3d 482, 487 (Tex. App.—Houston [14th Dist.] 2006, no pet.); see also Tex. R. App. P. 33.1(a)(1)(A) (requiring that party making request, objection, or motion state “the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context”).

          In his motion for new trial, Skains asserted (1) that Torch had suppressed records or spoliated documents and evidence, (2) that the jury had committed misconduct, (3) that the trial court had erred in striking two of his expert witnesses, and (4) that the trial court had erred in rendering summary judgment on or in striking his LHWCA and unseaworthiness claims. Skains did not assert that the evidence was factually insufficient to support any aspect of the verdict, and he did not raise any argument that can be construed as having raised this issue. Accordingly, we hold that Skains has waived his complaint. See Tex. R. Civ. P. 324(b)(2); Halim, 203 S.W.3d at 487; see also Tex. R. App. P. 33.1(a)(1)(A). We thus overrule his sole issue.

            Conclusion

          We affirm the judgment of the trial court.

Tim Taft

Justice

Panel consists of Justices Taft, Keyes, and Alcala.