United States And The Navy Had Sovereign Immunity For Death Occurring On Vessel Under Construction Due To Lack Of Admiralty Jurisdiction
PATRICIA MACKLIN - DUCRE, ON BEHALF OF MONIKA MACKLIN, MINORVERSUS RENTAL SERVICE CORP., ET AL CIVIL ACTION NO: 03-3559 SECTION: "A" (3)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2004 U.S. Dist. LEXIS 10284
June 3, 2004, Decided
June 4, 2004, Filed
June 7, 2004, Entered
PROCEDURAL POSTURE: Plaintiff, on behalf of two minors, sued defendants, including the United States, the United States Department of the Navy, and a vessel, alleging that plaintiff's decedent was fatally injured during an accident on the vessel. The United States moved to dismiss the action or for summary judgment due to lack of subject matter jurisdiction.
OVERVIEW: The decedent allegedly was fatally injured while working onboard a vessel being built for the United States Department of the Navy. The complaint asserted that the court had jurisdiction over plaintiff's action pursuant to 28 U.S.C.S. § 1331(1); the Public Vessels Act, 46 U.S.C.S. app. §§ 781-790; the Suits in Admiralty Act, 46 U.S.C.S. app. §§ 741-752; 33 U.S.C.S. § 905(b); and 33 U.S.C.S. § 933(a) of the Longshore & Harbor Worker's Compensation Act. The United States moved to dismiss or for summary judgment on all claims against it, the Department of the Navy, and the vessel because the United States had not waived sovereign immunity from liability for such claims, and consequently, the court lacked subject matter jurisdiction over the federal defendants. The court agreed. The Public Vessels Act and the Suits in Admiralty Act applied only if the court had admiralty jurisdiction over the dispute. A ship under construction, even one that was nearly finished, was not a "vessel" for maritime jurisdiction purposes, and it was undisputed that the vessel the decedent was working on was not yet complete when the fatal accident occurred.
OUTCOME: The court granted the United States' motion.
