Robertson v. Jeffboat Inc‪.‬

Defendant, Jeffboat, Inc., a shipbuilder, appeals the district court's finding that its negligence contributed to the death of plaintiff's decedent, William Robertson. Jeffboat was Robertson's employer and the owner of a barge he was helping build at the time of his death. The court below based an award to Robertson's parents on 33 U.S.C. § 905(b), a provision of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA). We agree with the reasoning of District Judge Allen, and affirm the judgment below. Robertson drowned after falling off a nearly-completed barge that he was sandblasting in preparation for painting. The accident occurred after dark, and no one saw or heard him fall into the water. Trying the case without a jury, the district court found that Jeffboat was negligent both in its capacity as employer and as vessel owner, but it is only liability in the latter capacity that is relevant here. It found that Jeffboat's provision of ""inadequate lighting and failure to supply life rings or alarm bells is sufficient to establish its ... negligence"" as vessel owner. Applying a comparative negligence doctrine that reduced plaintiff's recovery by fifty percent, the court awarded $18,600 in damages.