Harrington v. Atlantic Sounding Co.

916 F. Supp. 2d 313, 2013 A.M.C. 1111, 2013 WL 94815, 2013 U.S. Dist. LEXIS 2988
CourtDistrict Court, E.D. New York
DecidedJanuary 7, 2013
DocketNo. 06-CV-2900
StatusPublished
Cited by7 cases

This text of 916 F. Supp. 2d 313 (Harrington v. Atlantic Sounding Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrington v. Atlantic Sounding Co., 916 F. Supp. 2d 313, 2013 A.M.C. 1111, 2013 WL 94815, 2013 U.S. Dist. LEXIS 2988 (E.D.N.Y. 2013).

Opinion

OPINION & ORDER

GERSHON, District Judge:

Plaintiff Frederick J. Harrington Jr. (“Harrington”) brings this action against defendants Atlantic Sounding Co., Inc. and Weeks Marine, Inc. (“Weeks”), pursuant to the Jones Act, 46 U.S.C. § 30104, for injuries sustained on April 10, 2005, allegedly as a result of defendants’ negligence while he was employed as a seaman aboard the defendant vessel MV CANDACE (“Candace”). Plaintiff also asserts claims for unseaworthiness under general maritime law. See 28 U.S.C. § 1333. The case was tried by the court, without a jury.

Standard for Jones Act and Unseaworthiness Claims

Under the Federal Employers Liability Act (“FELA”), incorporated by [317]*317reference into the Jones Act, see Wills v. Amerada Hess Corp., 379 F.3d 32, 47 n. 7 (2d Cir.2004),

Every common carrier by railroad while engaging in commerce between any of the several States ... shall be liable in damages to any person suffering injury ... or ... death ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier ....

45 U.S.C. § 51. In order to recover under the Jones Act, plaintiff must establish, by a preponderance of the evidence, three elements: (1) that at the time of his injury, he was acting in the course of his employment as a member the vessel’s crew, McCall v. Overseas Tankship Corp., 222 F.2d 441, 443 (2d Cir.1955); (2) that the defendant was negligent, Rosenquist v. Isthmian S.S. Co., 205 F.2d 486, 488-89 (2d Cir.1953); and (3) that the negligent act caused plaintiffs injury, Oliveras v. United States Lines, Co., 318 F.2d 890, 893 (2d Cir.1963). Although Jones Act claims sound in negligence, the applicable burdens of proof differ. Regarding causation, under the Jones Act, an employer is liable to its employee if “employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.” See Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500, 506, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957) (emphasis in the original). In the Second Circuit, this relaxed standard also applies to proving a breach of the duty of care. See Williams v. Long Island R.R., 196 F.3d 402 (2d Cir.1999) (“While some circuits have limited the application of the ‘in whole or in part’ language to the element of causation and apply traditional standards to the duty of care owed, this Circuit has explicitly stated that it construes the statute, in light of its broad remedial nature, as creating a relaxed standard for negligence as well as causation.” (citations omitted)). But see, e.g., Gautreaux v. Scurlock Marine, 107 F.3d 331, 335 (5th Cir.1997) (“[T]he phrase ‘in whole or in part,’ as set forth in the statute, ... modifies only the causation prong of the inquiry. The phrase does not also modify the word ‘negligence.’ ”). Nevertheless, “FELA is not a strict liability statute and the fact that an employee is injured is not proof of negligence.” Williams, 196 F.3d at 406. Therefore, to prevail, plaintiff bears a reduced burden of proof with regard to negligence and causation.1

With regard to plaintiffs unseaworthiness claim, a vessel is seaworthy when it “is reasonably fit to carry the cargo which she has undertaken to transport.” The Silvia, 171 U.S. 462, 464, 19 S.Ct. 7, 43 L.Ed. 241 (1898). In other words, “[sjeaworthiness is defined as the ability of a vessel adequately to perform the particular services required of her on the voyage she undertakes.” GTS Indus. S.A. v. S/S “Havtjeld”, 68 F.3d 1531, 1535 (2d Cir.1995). Under the principles of seaworthiness, “an owner has an absolute [318]*318duty to furnish a ship, crew, and appurtenances reasonably fit for their intended service.” Oxley v. New York, 923 F.2d 22, 24 (2d Cir.1991). A ship is considered unseaworthy when it is “insufficiently or defectively equipped.” Waldron v. Moore-McCormack Lines, Inc., 386 U.S. 724, 726, 87 S.Ct. 1410, 18 L.Ed.2d 482 (1967). Liability for unseaworthiness does not depend on negligence or the owner’s notice of the condition, see Martinez v. United States, 705 F.2d 658, 660 (2d Cir. 1983), and has therefore been characterized as “liability without fault” or strict liability. Oxley, 923 F.2d at 25; Martinez, 705 F.2d at 660. Nevertheless, the “standard is not perfection,” and the ship need not use the “best possible ship, gear, or equipment.” Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 550, 80 S.Ct. 926, 4 L.Ed.2d 941 (1960); Morton v. Berman Enterp., Inc., 669 F.2d 89, 91 (2d Cir.1982). All that is required is that the ship be reasonably fit for its designated purpose. Determining seaworthiness is a “broad, fact-specific determination that the district court must make.” Mobil Shipping & Transp. Co. v. Wonsild Liquid Carriers Ltd., 190 F.3d 64, 69 (2d Cir.1999). Traditional standards of causation apply. Barlas v. United States, 279 F.Supp.2d 201, 208 (S.D.N.Y.2003).

Under the Jones Act and the general maritime law that governs unseaworthiness claims, the doctrine of comparative negligence applies.2 Pope & Talbot, Inc. v. Hawn, 346 U.S. 406, 408-09, 74 S.Ct. 202, 98 L.Ed. 143 (1953); SoconyVacuum Oil Co. v. Smith, 305 U.S. 424, 429, 59 S.Ct. 262, 83 L.Ed. 265 (1939); Ammar v. American Export Lines, Inc., 326 F.2d 955, 959-60 (2d Cir.), cert. denied, 379 U.S. 824, 85 S.Ct. 48, 13 L.Ed.2d 34 (1964). Thus, if a seaman’s negligence has contributed to the cause of his injury, his recovery should be reduced proportionately. The seaman’s negligence does not defeat his right to recover damages unless his negligence is the sole cause of his injury. The burden of showing that the seaman was negligent is on the defendant. Assumption of risk is not a defense to such suits. Socony-Vacuum Oil, 305 U.S. at 428, 59 S.Ct. 262.

Findings of Fact and Conclusions of Law

A trial on liability and damages was held from July 16, 2012 to July 23, 2012.

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Bluebook (online)
916 F. Supp. 2d 313, 2013 A.M.C. 1111, 2013 WL 94815, 2013 U.S. Dist. LEXIS 2988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-atlantic-sounding-co-nyed-2013.