Maritime court decisions’ Category
California Law Still Doesn’t Require Prescription Drug Testing for Pilots
Monday, August 23rd, 2010
Apart from environmentalists and maritime lawyers, no one remembers much about the 2007 maritime accident involving the Cosco Busan in the San Francisco Bay.
More than 53,000 gallons of oil spilled into the ocean, when the container ship collided with a Bay Bridge Tower, in November that year. The investigation finally pointed to the impaired condition of the pilot in charge of the ship at the time. John Cota was on a cocktail of prescription drugs, including Vicodin and Valium. In the days before the accident, investigators found he had purchased hundreds of pills, including painkillers acetaminophen hydrocodone...
Seaman Loses Rights to Jones Act Claim, Maintenance and Cure: Why Concealing Injuries at Time of Employment is Never a Good Idea
Sunday, June 6th, 2010
As a maritime lawyer, I cannot stress this enough - crew members must disclose all previous injuries or medical conditions at the time of employment. Concealing such injuries and medical conditions can negatively impact a Jones Act seaman’s claim.
In ATLANTIC SOUNDING CO. INC. V. PETREY, Timothy Petrey, an employee of Atlantic Sounding Company Incorporated, was injured on the job. Atlantic Sounding moved to deny maintenance and cure payouts to Petrey, because his injuries were the result of the dislocation of a pre-existing prosthetic hip Petrey had not disclosed that he had a prosthetic hip at the time...
Maritime Lawyer Discusses Campbell vs. Royalty Caribbean Cruises: Worker Must be Working on a Vessel to Meet Definition of Jones Act Seaman
Tuesday, April 20th, 2010
Not all questions of maritime law and Jones Act applications are complex. Some can be quite simple, and the laws are fairly clear about how to treat a worker applying under the Act.
In Campbell vs. Royalty Caribbean Cruises, a circuit court held that a cruise ship dancer could not be considered a seaman, until she actually started working on the vessel. The ballet dancer had suffered an injury during rehearsals prior to embarking on the cruise. The court held that the injury occurred before the dancer began to work on the vessel. The dancer therefore, did not meet criteria...
Injuries during Travel to Vessel Constitute Injuries in Service of Vessel: Maritime Lawyer Analyzes Godbold vs. Maersk line
Saturday, April 17th, 2010
This post is part of my series on important rulings in judicial decisions over the past 12 months that have impacted maritime law.
In Godbold vs. Maersk Line, the court had to decide if injury suffered in the course of travel to a vessel could be taken as having occurred in the service of vessel. Here, the plaintiff Godbold was injured in a motorcycle accident, as he was on his way to his job as a security guard on a military supply ship moored in Louisiana.
On the day of the accident, Godbold was making his daily commute to the vessel,...
Jones Act Seaman Test Has Little to Do with Whether Vessel Belonged to Employer: Maritime Lawyer Summarizes Decision
Thursday, April 15th, 2010
Last year, an appeals court in Louisiana held that a maritime worker had a valid Jones Act claim under the law even if the vessel he was injured on did not belong to the employer.
As I have discussed earlier, Latsis vs. Chandris held that a seaman, in order to be considered a Jones Act Seaman, must have a substantial connection with a vessel, and that the connection must be substantial in both nature and duration. This duration is held at approximately 30% of the time.
In Chad Alex vs. Wild Well Control Inc, a Louisiana court held that the plaintiff...
Maritime Accident Victim’s Family Awarded $500,000 after Accident Caused by Wake
Tuesday, April 13th, 2010
In 2005, one person was killed, and another seriously injured when their recreational boat capsized after it ran into a wake created by a tugboat belonging to the Tennessee Valley Authority. The widow of the deceased filed a claim against the Tennessee Valley Authority, blaming it for her husband's death.
The court in Matheney vs. the Tennessee Valley Authority, found the tugboat captain negligent in driving the boat at excessive speeds, thereby generating a wake. The court also held that TVA had not proved its lack of knowledge or privity in the accident, because it had not specifically trained its...
Punitive Damages Are Now Available to a Jones Act Seaman in Maintenance and Cure Claims
Monday, April 12th, 2010
Arguably the biggest maritime court decision of last year was the one delivered in Atlantic Sounding vs. Townsend. This decision found that there was no reason to deny punitive damages to a Jones Act seaman, who had been denied maintenance and cure benefits.
The Supreme Court ruled that a seaman may be eligible for punitive damages when his employer wrongfully withholds maintenance and cure payments. The Supreme Court held that its earlier decision in Miles vs. Apex, could not be interpreted to mean that a Seaman was not eligible for punitive damages if maintenance and care...
Maritime Lawyer Discusses Situs Requirements in Cammilleri v. Tenico Corp
Saturday, April 10th, 2010
The term “situs” in maritime law broadly refers to the site or location where the injury occurred. This can have a major effect on your claim under the Longshore and Harbor Workers’ Compensation Act.
In Cammilleri v. Tenico Corp, a sheet metal mechanic was denied benefits under the Longshore and Harbor Workers Compensation Act, because he did not meet situs requirements under these laws. The claimant Alan Bergstrom, was sent on work to Hawaii. His commercial plane trips were paid for by his employer. After he came back, Bergstrom developed pain in his legs, which was diagnosed as...
Hospital Eligible for Same Reimbursement as Longshore Worker: Maritime Lawyer Analysis
Saturday, April 10th, 2010
This post is part of my ongoing analysis of important judicial decisions and rulings that impacted maritime law in 2009.
In St. Mary's Regional Medical Center vs. Bath Iron Works, the Maine Supreme Court held that a hospital is eligible for reimbursement of medical bills based on the same principles that apply to a worker.
A worker who is injured and is eligible for compensation both under the Longshore and Harbor Workers’ Compensation Act and the state compensation laws, can choose which statutes he wants to recover compensation under. Sometimes, a worker may recover first under one set of...
Maritime Lawyer Explains the Importance of Chandris v. Latsis in the Jones act
Wednesday, April 7th, 2010
One of the beauties of the Jones Act is that it has continuously evolved since its inception. The questions behind these evolutions have frequently involved questions of vessel status, seaman status and others.
One of the more defining points in the evolution of the Jones Act came when the US Supreme Court held that a seaman could be considered a Jones Act seaman if
He contributed significantly to the mission of the vessel
and
He had a substantial relationship with the vessel both in terms of nature and duration.
Latsis was working as a superintendent engineer on the vessel, SS...
