Note by Madeleine Brinton Johnson
The collision of two pleasure boats on the Amite River in Louisiana resulted in the death of Clyde Richardson. Neither boat had ever been used in any commercial maritime activity, nor had either vessel operator ever been engaged in navigation as part of regular employment. The wife and children of the decedent brought action in the Middle District of Louisiana against Shirley Eliser, the owner of the boat that collided with the decedent's boat, for negligent operation of her vessel. Eliser's insurer, Foremost Insurance Company, was also named as a defendant. The defendants moved to dismiss the complaint for lack of subject matter jurisdiction under 28 U.S.C. § 1333. The district court, holding that some commercial maritime activity was required to support admiralty jurisdiction, granted the motion. The Fifth Circuit reversed, holding that two boats, regardless of size or intended use, are engaged in traditional maritime activity when a collision between them occurs on navigable waters. The Supreme Court affirmed. Accordingly, defendants' motion for dismissal was denied. Richardson v. Foremost Insurance Co., 457 U.S. 668 (1982).
About the Author
Madeleine Brinton Johnson.
Citation
58 Tul. L. Rev. 376 (1983)