EDWARD C. CARTER, APPELLANT,
v.
AMERICAN EXPORT ISBRANDTSEN LINES, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Suits in Admiralty Act provides an exclusive remedy against the United States, precluding suit against the general agent.
A seaman was injured aboard a vessel owned by the United States and operated by a general agent. The seaman sued the general agent, who argued the gov…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse General Agency Agreement cases and more on FLexlaw
[*1186] PER CURIAM:
Edward C. Carter was a seaman aboard the SS Exton, a vessel owned by the United States and operated by American Export Isbrandtsen Lines, Inc., under a standard form General Agency Agreement. The agreement was originally signed by the government and American Export in 1951, and has been in force ever since. Carter was injured on board ship on February 10, 1967, in Saigon, South Viet Nam. Accordingly, he brought the present action against American Export although prior to the commencement of the suit the company informed him that the government was the only proper defendant. Judge Frankel granted Export’s motion for summary judgment made prior to answering the complaint on July 22, 1968.
We affirm.
It is clear that Carter has an adequate remedy available against the United States, the owner of the Exton, under the Public Vessels Act, 46 U.S.C. §§ 781-790 and the Suits in Admiralty Act, 46 U.S.C. §§ 741-752. Nonetheless, he seeks to sue the general agent, American Export, against whom he might demand a jury trial and also benefit from other procedural aids not available in a suit against the government. But the Suits in Admiralty Act, 46 U.S.C. § 745 provides “where a remedy is provided by this chapter it shall hereafter be exclusive of any other action by reason of the same subject matter against the agent or employee of the United States -x- * * whose act or omission gave rise to the claim * *
Carter admits that to prevail in his attempt to sue the general agent rather than the government he must persuade us to depart from our prior decision in Hanlon v. Waterman Steamship Corp., 265 F. 2d 206 (2d Cir. 1959). He argues that Hanlon and Cosmopolitan Shipping Co. v. McAllister, 337 U.S. 783, 69 S.Ct. 1317, 93 L.Ed. 1692 (1949) also in point, were based on wartime measures and statutes no longer applicable to the present situation. We remain unconvinced. We are satisfied, as other courts have been, that the rule remains effective. See Petition of the United States, 367 F. 2d 505 (3d Cir. 1966); Smith v. United States, 346 F. 2d 449 (4th Cir. 1965).
Carter also contends that it was improper for government attorneys to represent the shipping companies who are named defendants to these actions. We disagree. 28 U.S.C. § 547 provides that the United States Attorney shall defend “all civil actions, suits or proceedings in which the United States is concerned” which arise in his district. Since American Export was the agent of the United States, the representation was proper.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cove Shipping, Inc. v. Doss, 485 So. 2d 1326 (Fla. 1st DCA 1986)
-
Doyle v. Bethlehem Steel Corp., 504 F.2d 911 (5th Cir. 1974)
-
Frisco M. Cabales v. The United States, 412 F.2d 1187 (2d Cir. 1969)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cosmopolitan Shipping Co. v. McALLISTER, 337 U.S. 783 (U.S. 1949)
- Petition of the United States & Mathiasen's Tanker Indus., Inc., 367 F.2d 505 (3d Cir. 1966)
- Smith v. United States & Marine Transp. Lines, Inc., 346 F.2d 449 (4th Cir. 1965)
- Hanlon v. Waterman S.S. Corp., 265 F.2d 206 (2d Cir. 1959)