Hamilton Miller & Birthisel LLP

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Wrongful Death
Jules Massee and Brandon Bushway obtained judgment on the pleadings and complete dismissal of all claims in a wrongful death case brought against client vessel owner under §905(b) of the Longshore and Harbor Workers’ Compensation Act. The Decedent allegedly drowned after falling from a floating platform, tied to a dock, adjacent to the vessel. Because the Decedent worked for a contractor hired to detail the vessel, Decedent’s estate filed suit against the vessel owner. HMB moved for judgment, arguing that, after several attempts, Plaintiff failed to properly plead or establish a duty owed by the vessel to Decedent under Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981). HMB argued that vessel owners owe only three narrow duties to such workers, and these duties do not arise until the vessel is “turned over” to the contractor to begin work. Absent this turnover, no duties could ever arise, so there could be no breach of them as a matter of law. The Court agreed; based on the Plaintiff’s own pleadings, the vessel had never been turned over, and thus, Plaintiff’s complaint failed to state a claim upon which relief may be granted. The Court dismissed Plaintiff’s claims with prejudice.

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