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 Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter May 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Portugal PM Warns Lisbon Dock Workers to End Strike

Portugal's prime minister warned Lisbon dock workers on Friday that his patience was running out after a strike that has lasted a month, paralysing the city's ports.

Gender Identity Spat Sinks Spending Bill

The rancorous political debate over sexual identity unexpectedly prompted the Republican-controlled House of Representatives to rejected an energy and water spending

Hercules Offshore Filing for Bankruptcy Again

Hercules Offshore Inc said it planned to file for prepackaged Chapter 11 bankruptcy, just six months after the rig contractor emerged from bankruptcy protection.

Ports

Long Beach Port Maintains Strong Bond Rating

Fitch Ratings, one of the top three U.S. credit analysis agencies, has affirmed the Port of Long Beach’s “AA” rating on its outstanding debt. Fitch stated the AA rating — its highest for U.

Portugal PM Warns Lisbon Dock Workers to End Strike

Portugal's prime minister warned Lisbon dock workers on Friday that his patience was running out after a strike that has lasted a month, paralysing the city's ports.

Gender Identity Spat Sinks Spending Bill

The rancorous political debate over sexual identity unexpectedly prompted the Republican-controlled House of Representatives to rejected an energy and water spending

 
 
Maritime Careers / Shipboard Positions Maritime Security Offshore Oil Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
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: 0.0708 sec (14 req/sec)