Cruise Ship Law

IN THE MATTER OF THE COMPLAINT OF FRS CORPORATION, AS OWNERAND/OR OWNER PRO HAC VICE OF THE VESSEL M/V HERCULES, HER ENGINES, TACKLE,APPURTENANCE, ETC. PRAYING FOR EXONERATION FROM OR LIMITATION OF LIABILITY

CIVIL ACTION NO:01-2443 SECTION: "G"(2)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2001 U.S. Dist. LEXIS 21224
December 11, 2001, Decided
December 12, 2001, Filed, Entered

PRIOR HISTORY: None.

DISPOSITION: [*1] Claimant's motion to lift stay of his state court proceeding granted.

PROCEDURAL POSTURE: Plaintiff corporation filed a limitation proceeding in connection with claimant seaman's state court civil action for injuries allegedly sustained after he fell from a vessel. The court approved the corporation's letter of undertaking, directed an issuance of notice to claimants, and restrained prosecution. The seaman moved to lift the stay and to hold the limitation proceeding in abeyance pending the resolution of his state court action.

OVERVIEW: The seaman alleged that he suffered personal injuries as a result of falling off a vessel while employed by another company. The seaman further alleged that the vessel was in an unseaworthy condition at the time of his accident, that the corporation was liable as a result of its negligence and fault, and that he was entitled to recovery as a Jones Act seaman. The corporation opposed the motion to lift the stay and asserted that the stipulations filed by the seaman in support of his motion were inadequate. The court held that the corporation did not allege that the seaman's counsel did not have authority to sign for him, and did not cite any statute or case for its contention that the stipulation should be signed by the seaman individually. The stipulations offered by the seaman adequately protected the corporation's right to seek limitation of liability in the court. The issues of "seaman" and "vessel" status could be determined by the state court and there was no requirement that these issues be resolved before the stay could be lifted.

OUTCOME: The motion to lift the stay of state court proceedings was granted.