Vessel Owner and Charterer’s Duty under 33 U.S.C. Sec. 905(b); Florida Wrongful Death Act Preempted by Longshore Act
Vessel Owner and Charterer’s Duty under 33 U.S.C. Sec. 905(b);
Florida Wrongful Death Act Preempted by Longshore Act
By: Tyler Loga
Dixon v. NYK Reefers Ltd., No. 8:15-cv-1806-T-23JSS, 2016 U.S. Dist. LEXIS 102457; 2016 WL 4162920, (M.D. Fla. Aug. 4, 2016).On May 14, 2012 a crane unloading cargo from M/V WILD LOTUS lowered a metal basket onto and killed Robert L. Dixon, a longshoreman aboard the vessel. His wife, as personal representative, sued NYK Reefers Ltd, the vessel owner, and Cool Carriers AB, which chartered the vessel, under (1) the Longshore and Harbor Worker’s Compensation Act (“LHWCA”) and (2) the Florida Wrongful Death Act. Defendants moved to dismiss, arguing (1) that the complaint failed to state a claim under the LHWCA, (2) that an “exclusivity provision” of the LHWCA preempted the Florida Wrongful Death Act claim, and (3) that the complaint’s request for attorney’s fees was improper.
- Longshore and Harbor Worker’s Compensation Act
Defendants argued that the complaint failed to state a claim against Cool Carriers because only the owner, not a time charterer, “operates” a vessel. Dixon responded that the owner negligently operated the vessel but that Cool Carriers, as time charterer, negligently managed the unloading of the vessel. Specifically, because the vessel’s crane lacked a “warning system,” Cool Carriers should have hired a signalman for unloading the vessel. The court agreed, and upheld Dixon’s claim against Cool carriers.Defendants also argued that the complaint failed to state a claim against NYK Reefers because only a vessel’s charterer and not her owner owes a duty to protect longshoremen from injury. Dixon responded that NYK Reefers breached its duty to intervene in cargo operations because it allowed unloading in the face of a known dangerous condition – which is one of the three duties that a vessel’s owner owes a longshoreman. The court thus upheld Dixon’s claim against NYK Reefers.
- Florida Wrongful Death Act
Defendants argued that an “exclusivity provision” of the LHWCA preempted the claim under the Florida Wrongful Death Act. Specifically, section 905(b) of the LHWCA states: “The remedy provided in this subsection shall be exclusive of all other remedies against the vessel except remedies under this chapter.” Accordingly, the court granted Defendant’s motion in part by dismissing Dixon’s claim under the Florida Wrongful Death Act.
- Attorney’s Fees
Defendants argued that the complaint improperly requested attorney’s fees. The Court acknowledged that Defendant’s argument was correct; however, since it was a Motion to Dismiss, the improper relief was not at issue because a demand for relief is not part of a plaintiff’s statement of the claim.
