Darreyl Wayne Gough, Cross-Appellant v. Natural Gas Pipeline Co. Of America, Cross-Appellee

PATRICK E. HIGGINBOTHAM, Circuit Judge:

When a fishing vessel backed over a natural gas pipeline that was supposed to have been buried, a fireball swept the ship killing eleven of its fourteen crew. Her captain, Darreyl Wayne Gough, survived by fleeing the pilot house and jumping overboard. He sued the pipeline owner, NGP, under general maritime law. A Beaumont jury awarded Captain Gough $2 million, but assessed to him 35 percent of the fault for the accident. NGP challenges the damage award which rested in substantial part on emotional distress. We are persuaded that Captain Gough suffered a…