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 March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Feds Delay LNG’s Port Ambrose Application

The US Coast Guard and the US Maritime Administration (MARAD) have temporarily suspended their review of the proposed Port Ambrose deep-water LNG import terminal.

Ukraine Arrests Turkish Ship for Visiting Crimean Port

Turkey owned merchant ship flying the flag of Tuvalu was arrested by Ukrainian authorities over a visit it made to a port in Crimea, reports Reuters. The ship's captain detained.

Viking Bags Charter Deal for AHTS Brage Viking

Viking Supply Ships has entered into a contract with an Oil major for the charter of “Brage Viking” commencing 1stof April 2015. The duration is for 2 years and 8 months firm,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Navigation Pipelines Port Authority Ship Electronics Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.2103 sec (5 req/sec)