Shipowner Not Liable for Acts of Amateur Chiropractor

Tuesday, July 05, 2005
The U.S. Court of Appeals for the Seventh Circuit ruled that a shipowner is not liable for the acts of a crewmember who is an amateur chiropractor. In the instant case, plaintiff crewman was severely injured when another crewmember twisted (tractioned) his neck without consent. The crewmember was an amateur chiropractor and was attempting, albeit unsuccessfully, to relieve perceived muscle ache. Plaintiff brought suit against the shipowner, alleging, among other things, vicarious liability and direct liability under the Jones Act. The court held that the shipowner is not vicariously liable because there was no evidence that the acts of the amateur chiropractor were within the scope of his employment (mate’s assistant). The court further held that the shipowner was not directly liable because there was no evidence that it knew or should have known of the propensities of this crewmember. Sobieski v. Ispat Island, Inc., No. 04-3001 (7th Cir. - HK Law)
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

UN Throws the Book at North Korea Ship Operator

A U.N. Security Council committee on Monday blacklisted the operator of a North Korean ship, which was seized near the Panama Canal last year for smuggling Soviet-era arms,

Desulfurization of Exhaust Gases in Shipping

Are shipowners prepared to enter SECA zones?   Due to existing regulations on air exhaust emissions from the International Maritime Organization (IMO), and with

Tanker with Iraqi Kurdish Oil Anchors off Texas Port

A tanker carrying crude oil from Iraqi Kurdistan was anchored near the Port of Galveston, Texas, and must undergo a routine safety inspection by the U.S. Coast

Ports

Marseilles Fos Reports Mixed First Half

First-half container traffic at leading French port Marseilles Fos totalled 583,287 teu – up 7% on the first six months last year - marked by a 10% increase at the deepsea Fos terminals.

GPA Sets Tonnage Record

The Georgia Ports Authority moved more than 29 million tons of cargo, 3 million twenty-foot equivalent container units (TEUs) and more than 700,000 auto and machinery units in Fiscal Year 2014.

Location of New Port Expansion Projects: Analysis

When it comes to port development, many governments now favour letting the market decide where expansion should take place, whereas most other transport infrastructure,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Offshore Oil Pipelines Pod Propulsion Port Authority Ship Electronics Ship Simulators 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: 0.0978 sec (10 req/sec)