Where U.S. Defendant Joined In Action Against Greek Shipping Company U.S. Law Would Be Applied To Avoid Unworkable Application Of Two Different Maritime Laws
STAVROS ANDROUTSAKOS, as Guardian Ad Litem for EliasAndroutsakos, an incapacitated person, Plaintiff, vs. M/V PSARA, her engines,tackle, apparel and equipment, CHEVRON USA, INC., a Pennsylvania Corporation,PSARA SHIPPING CORPORATION, a Liberian Corporation, Defendants.
Case No. 02-1173-KI
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
2004 U.S. Dist. LEXIS 8214
April 29, 2004, Decided
PROCEDURAL POSTURE: Defendant, a Liberian shipping company, filed a motion for application of Greek law and for dismissal of plaintiff's tort action. Plaintiff moved for application of U.S. law.
OVERVIEW: Plaintiff, a Greek citizen, sustained injuries after he was struck in the head by a mooring line on the deck of a ship owned by the company. The ship was docked at a U.S. port. The ship sailed under the flag of Greece and the company's board of directors was made up of Greek citizens. Plaintiff, through his guardian, brought a tort action against the company and defendant domestic corporation. In granting plaintiff's motion to apply U.S. law, the court held that the presence of the domestic corporation in the action as an alleged joint tortfeasor had to be considered in applying the appropriate factors to the choice of law analysis. The court held that the location of the injury pointed toward the application of U.S. law and was an important consideration. However, the court also held that the law of the flag and the domicile of plaintiff indisputably pointed to the application of Greek law. The court concluded that, due to the presence of the domestic corporation, to which there was no real argument that U.S. law applied, applying two different maritime laws would have been unworkable.
OUTCOME: The court denied the company's motion for application of Greek law and for dismissal. The court granted the guardian's motion for application of U.S. law.
