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Admiralty Law Keyed to Maraist
Stewart v. Dutra Construction Co.
Citation:
543 U.S. 481, 125 S.Ct. 118, 160 L.Ed.2d 932, 2005 AMC 609 (2005)Facts
Dutra Construction Company owned the Super Scoop, one of the world’s largest dredges, which was being used to dig a trench beneath Boston Harbor for the Ted Williams Tunnel as part of Boston’s Central Artery/Tunnel Project. The Super Scoop is a floating platform with certain vessel characteristics (captain, crew, navigational lights, ballast tanks) but limited self-propulsion capabilities, requiring tugboats for long-distance movement. It could move short distances by manipulating anchors and cables. Willard Stewart, a marine engineer, was hired to maintain the mechanical systems on the Super Scoop. At the time of the accident, Stewart was on board Scow No. 4, which had suffered an engine malfunction. While Stewart was feeding wires through an open hatch, the Super Scoop used its bucket to move the scow, causing a collision that sent Stewart headfirst through the hatch, resulting in serious injuries. Stewart sued Dutra under the Jones Act, claiming seaman status, and alternatively under the LHWCA, which allows covered employees to sue a vessel owner as a third party for negligence.
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