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Admiralty Law Keyed to Maraist
Matute v. Lloyd Bermuda Lines
Citation:
931 F.2d 231 (1991)Facts
Oscar Matute was hired by the captain of THE LLOYD BERMUDA, a vessel owned by Procoast Navigation but time chartered to Lloyd Bermuda Lines. Under the time charter agreement, Procoast retained responsibility for the condition of the ship and control over its crew, while LBL received the right to use the cargo hold. Trans-Mar Agencies served as LBL’s general agent in the United States, performing various functions including obtaining visas, arranging transportation, and making advances for certain expenses. Shortly after beginning work as an oiler, Matute developed an eye irritation that eventually progressed to near blindness in his right eye. Despite complaints to the captain and TMA’s representative, medical attention was delayed. When Matute finally saw doctors in Bermuda and New York, his condition could not be improved due to scarring. The captain subsequently terminated Matute’s employment, and TMA arranged his return to Honduras. Matute sued LBL and TMA, claiming they were either the owner-in-fact, his employer, or agents responsible for his medical care.
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