Recent Development by Evan Pays Lestelle
While performing barge-cleaning services aboard an American River Transportation Company (ARTCO) barge in the Mississippi River, water sprayed from a high-pressure hose and knocked Darnell Lane overboard. Lane's coworker, Jacques Allemands, a longshoreman, dove into the river in an attempt to save Lane. During the attempted rescue, the collision of two moored ARTCO barges killed Allemands.
ARTCO commenced limitation of liability proceedings, in which Allemands' parents, who had never been financially dependent on their son, asserted a claim for damages for loss of society caused by Allemands' wrongful death. The United States District Court for the Eastern District of Louisiana granted ARTCO's motion for summary judgment against the Allemands, and they appealed. The United States Court of Appeals for the Fifth Circuit held that “non-dependent parents of a longshoreman who died in territorial waters are not entitled to recover damages for loss of society.” In re American River Transportation Co., 490 F.3d 351, 360, 2007 AMC 1593, 1604-05 (5th Cir. 2007).
About the Author
Evan Pays Lestelle. J.D. candidate 2009, Tulane University School of Law; B.A. 2004, Duke University.
Citation
82 Tul. L. Rev. 2505 (2008)