In an action against the United States under the Suits in Admiralty Act, 46 U.S.C.S. § 30903, a cargo transport vessel was found to be unseaworthy and the employer liable under the Jones Act because it failed to carry insulin to treat a seaman afflicted
EDMUNDO R. STIWARD VERSUS UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2008 U.S. Dist. LEXIS 37181
May 7, 2008, Decided
PROCEDURAL POSTURE: In plaintiff injured seaman's suit asserting Jones Act negligence and unseaworthiness claims against defendant United States of America under the Suits in Admiralty Act, 46 U.S.C.S. § 30903, the court issued findings of fact and conclusions of law after a nonjury trial. The United States was the owner of a merchant vessel operated by a former defendant, a private marine transport line.
OVERVIEW: The seaman alleged that the transport line, which operated the vessel as an agent of the United States, negligently failed to provide him with medical assistance over the course of a week after he developed acute diabetes during a transoceanic cargo trip. As a result, the seaman had to be evacuated by helicopter and developed life-threatening injuries resulting in amputation of his forefeet. Sitting as factfinder, the court found the operator and the vessel's crew negligent under the Jones Act for breaching its duty of care by failing to stock insulin and to medically train its third mate, who failed to inform and consult with the ship's captain about the seaman's medical decline until it was too late to avoid the amputations. The discretionary function exception under the Federal Tort Claims Act, 28 U.S.C.S. § 2680(a), did not apply because there was no justification for such inaction. Additionally, the vessel's lack of medical supplies rendered it unseaworthy. The seaman was not comparatively negligent for failing to report his medical condition because he had never been diagnosed with diabetes. The court awarded damages for past and future wages and pain and suffering.
OUTCOME: The court found in favor of the seaman on his claims for negligence and unseaworthiness. The court ordered the United States to pay economic damages and pain-and-suffering damages, with prejudgment interest on both awards accruing at a rate of four percent per year from the date the action was filed. The court also awarded costs to the seaman.
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