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Admiralty – Negligence – Forklift Accident – Voluntary Spotters (access required)

By Deborah Elkins
Published: August 2, 2010
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Although the Navy was not required to use spotters or safeties when a petty officer operated a 20-ton forklift, and the Navy voluntarily undertook to provide this assistance, a contractor’s installation technician working aboard the ship cannot collect from the shipowner, the U.S., for injuries he suffered when the forklift ran over his foot, a [...]

Admiralty – Jurisdiction – Propane Tank Explosion – Maritime Connection (access required)

By Deborah Elkins
Published: July 26, 2010
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A contractor who alleges injuries from the explosion of a ship’s propane tank as he refilled it on land for a commercial fishing operation can pursue his claim in Richmond U.S. District Court, as the court has subject matter jurisdiction under the Extension of Admiralty Jurisdiction Act of 1948, 46 U.S.C. § 30101. Plaintiff alleges, [...]

Admiralty – Vessel Collision – Damages – Constructive Total Loss (access required)

By Deborah Elkins
Published: April 22, 2010
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When the captain of a U.S. Army Corps of Engineers vessel fell asleep at the wheel and struck plaintiff’s 70-foot yacht docked at the pier at Ocean Marine marina in Portsmouth, the yacht was a constructive total loss based on two of three opinions in this battle of the experts, and the Norfolk U.S. District [...]

Admiralty – Yacht Ownership – Gift (access required)

By Deborah Elkins
Published: April 7, 2010
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In this suit in admiralty against the Sloop Nancy Lloyd, in which plaintiff asserts that his daughter wrongfully converted the vessel to her own use after she failed to fulfill certain conditions of his gift to her, a Richmond U.S. District Court denies plaintiff’s claims for ownership and possession, and also denies the daughter’s counterclaim [...]

Admiralty – Jones Act – Piercing Corporate Veil (access required)

By Deborah Elkins
Published: March 30, 2010
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An admiralty case washes ashore in Goochland County, and the Goochland County Circuit Court sustains defendant’s demurrer to plaintiff’s claim seeking relief on a theory of piercing the corporate veil, overrules defendant’s special plea of the Jones Act, and says it would have to hold a separate evidentiary hearing to rule on defendant’s claim that [...]

Admiralty – Wrongful Death – Contribution – Feres Doctrine (access required)

By Deborah Elkins
Published: January 4, 2010
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After a four-day bench trial in this suit in admiralty arising out of the death of 19-year-old Freddie N. Porter Jr., asserting a wrongful death claim against plaintiff Vulcan Materials Company, a Norfolk U.S. District Court finds Vulcan Materials jointly and severally liable and grants judgment for claimant in the amount of $1.24 million, to [...]

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