Alabama tug company loses appeal in death of young Navy seaman

A federal court has upheld a ruling that a tug company is on the hook for the entire $1.25 million judgment in the death of a Navy seaman killed in a collision on Virginia’s James River.

The Fourth Circuit Court of Appeals ruled on May 6, 2011 that Vulcan Materials Co. of Birmingham, Ala. must pay the full amount even though it is only 20-percent at fault for the training exercise death of 19-year-old Seaman Freddie N. Porter, Jr.

Porter was killed near midnight on Oct. 11, 2007 when his rigid-hull inflatable boat (“RHIB”) hit the tug William E. Poole which was pushing eight barges up the James River.

His mother, Cassita Massiah, filed a wrongful death suit against Vulcan Materials, the tug owner.

Vulcan then filed a third-party contribution claim against the U.S. government to name it as co-tortfeasor.

The district court determined both Vulcan and the Navy held fault. Vulcan for failure to place a proper lookout on the leading barge and the Navy for negligence for having “operated an unseaworthy vessel by manning (the RHIB) with an incompetent crew.” 

The court cited 80-percent fault to the government and 20-percent to Vulcan and awarded $1,250,000 in damages to the Porter family.

However, citing sovereign immunity grounds which protect the federal government from lawsuits—in this case by a serviceman while in the course of duty—Vulcan was ordered to pay the full amount.

The Fourth Circuit dismissed Vulcan’s third-party claim.

Read the court opinion in our article library here.

Source: Hawaii Ocean Law.com