PA Rule not Applicable to Jones Act

Friday, August 13, 2004
The U.S. Court of Appeals for the Second Circuit decided that the Pennsylvania Rule is not applicable to cases of seaman personal injury brought under the Jones Act. In the instant case, plaintiff’s decedent had been employed as a crewmember on defendant’s vessels. After leaving such employment, decedent was diagnosed with squamous cell carcinoma, for which he later died. Plaintiff brought suit against defendant, alleging that the cancer was due, in part, to decedent’s exposure to benzene and polycyclic aromatic hydrocarbons (PAHs) while working on the vessels. Plaintiff alleged that the level of benzene and PAHs on the vessels exceeded that allowed by Coast Guard regulations and, because of such alleged violation, the burden of proof should be shifted to defendant to show that such violation did not cause the cancer, in accordance with the Pennsylvania Rule. The court held that the Pennsylvania Rule was intended to address collisions and related maritime casualties and is not applicable to seaman personal injury cases such as this where the fact pattern is much more attenuated. Wills v. Amerada Hess Corp., No. 02-7913 (2nd Cir.) (HK Law)

Legal

SOS from Hanjin Shipping

The creditors' extended help is crucial for survival of Hanjin Shipping Co as its negotiations with owners of chartered ships over a cut in leasing rates and to

Hapag-Lloyd Shareholders Okays Merger with UASC

Hamburg-based ocean carrier Hapag-Lloyd said its shareholders approved all items on the agenda at Annual General Meeting, mainly the  share capital increase needed

Yangzijiang Shipbuilding to Slash 2,000 More Jobs

Chinese shipbuilder Yangzijiang Shipbuilding Holdings Ltd said it plans to cut 2,000 additional jobs, just under 10 percent of its current workforce, stepping up

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Naval Architecture Offshore Oil Pod Propulsion Port Authority Ship Electronics Ship Simulators
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: 0.0750 sec (13 req/sec)