Fifth Circuits 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.
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.
