Cruise Ship Law

NICHOLAS MASTRODONATO, et al v. SEA MAR, INC., et al

Civil Action No. 99-2547 SECTION: "D"(3)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2000 U.S. Dist. LEXIS 16568
November 9, 2000, Decided
November 9, 2000, Filed, Entered

OVERVIEW: Plaintiff, a seaman, was employed by defendant employer as a captain of a jack-up vessel. Plaintiff was transported from the jack-up vessel to the shore by the supply vessel. Plaintiff slipped and fell on the step on the supply vessel and sued co-defendant owner/operator of the supply vessel and defendant employer asserting negligence claims under maritime law and requested a trial by jury. Co-defendant filed a cross-claim against defendant employer, seeking contractual indemnity pursuant to defendant employer's charter agreement. Co-defendant also filed a third party demand against defendant employer's insurance company. Defendant employer and co-defendant both moved for partial summary judgment. The court found no evidence that defendant employer was negligent. The duty to provide plaintiff with a safe place to work did not extend to a vessel over which defendant employer exercised no control. Thus, plaintiff's Jones Act and unseaworthiness claims against defendant employer were dismissed. Defendant employer owed no contractual indemnity obligation to co-defendant under either the charter agreement or the insurance policy. defendant under either its charter agreement or insurance policy.
OUTCOME: Defendant's motion to strike jury demand was granted, as plaintiff's maritime negligence claim was dismissed. Co-defendant's cross-motion for partial summary judgment was denied.