Maritime Accident News

Fifth Circuit Allows Shipowner to Sue Employee

In a recent maritime decision, the United States Fifth Circuit Court of Appeals recently permitted a shipowner to sue a employee. The employer had sued the worker for causing damage to the shipowner's property. The Court held that nothing in the FELA, the Jones Act, or maritime law prohibited a shipowner from suing an employee for negligence. The case is Withhard v. Otto Candies, L.L.C., 431 F.3d 840 (5th Cir. 2005). You really have to wonder about a shipowner that would sue its own employee except under extremely egregious circumstances. In any event, maritime workers, seamen, and other offshore workers should be aware of this possibility.

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