Jones Act Seaman May Not Recover Nonpecuniary Damages from Third Party

Tuesday, November 23, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that a Jones Act seaman or his survivors cannot recover nonpecuniary damages from a non-employer third party. In the instant case, a seaman contracted (and eventually died from) silicosis while working as a sandblaster maintaining protective coatings on offshore oil platforms. Plaintiff seaman worked on vessels owned by defendant shipowner and wore allegedly defective hoods manufactured by defendant shoreside companies. The trial court held that plaintiff seaman (and then his survivors) were not entitled to recover nonpecuniary damages in the wrongful death suit against the shoreside manufacturers. Plaintiff survivors appealed. The appellate court held that a Jones Act seaman is not entitled to recover nonpecuniary damages in a general maritime action and that the uniformity principle dictates the same result in this situation. Scarborough v. Clemco Industries , No. 03-30985 (5th Cir., November 18, 2004). Source: HK Law
Maritime Reporter August 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Greek Coastguard Rescues 2,500 over Three Days

Greece's coastguard has rescued about 2,500 migrants and refugees off the country's eastern islands over the past three days, authorities said on Monday, as the

CMA CGM-led Consortium Win Box Terminal Bid

The consortium formed by CMA CGM, Bolloré and CHEC won the bid process initiated by the Cameroonian government Following the bidding procedure initiated by the Cameroonian government,

BIMCO Outlines LIS Week Schedule

BIMCO’s breakfast brief, titled “The Future Of Maritime Security” is aimed at CEOs and Directors who will have an opportunity to hear more on the latest threats

 
 
Maritime Contracts Naval Architecture Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.4389 sec (2 req/sec)