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US Bodily Injury News November 2011 US courts’ interpretation of


manslaughter statute Greg Linsin provides a summary of recent court decisions.


United States v. Devlin (2011) Pilot of the M/V Caribbean Sea, which was towing the barge The Resource, was indicted with one count of violating the Seaman’s Manslaughter Statute (“SMS”) in connection with the “Duck boat” accident on the Delaware River. In this accident, the barge being towed by the Caribbean Sea ran over a boat operated by the tourism company Ride the Ducks International LLC, resulting in the death of two passengers aboard the tour boat.The criminal information alleges that the pilot was distracted by his use of a cell phone and laptop computer to attend to personal matters; elected to pilot the Caribbean Sea from its lower wheelhouse, where he had significantly reduced visibility in comparison to the upper wheelhouse; and did not maintain a proper lookout or comply with other essential rules of seamanship. The pilot has entered into a plea agreement in which he has agreed to plead guilty to the charge. The case is pending sentencing.


United States v. Egan Marine Corp. and Egan (2010) Captain and owner and operator of the tank barge known as the EMC-423, being pushed by the tow boat Lisa E, which was transporting approximately 600,000 gallons of clarified slurry oil (“CSO”), were each charged with one count of seaman’s manslaughter and jointly charged with one count of violating the Clean Water Act. The indictment alleges that the captain and owner and operator of the vessel negligently directed a crewman aboard the barge to use a propane-fueled open flame from a handheld rosebud torch to heat a cargo pump on the barge deck, where they were negligently venting combustible vapors. An explosion resulted, which killed the crewman, and caused the discharge of thousands of gallons of oil into the Chicago Sanitary and Ship Canal.The case is pending trial.


United States v. Schroder (2007) Master of M/V Zim Mexico III was convicted of violating the SMS by negligently failing to advise the vessel’s pilot that the ship’s bow thruster had previously malfunctioned and failing to arrange for an assist tug.The vessel allided with a shoreside crane as the ship was deberthing, which caused the crane to collapse, resulting in the death of a dockside electrician. After spending four months in jail between his conviction and sentencing to ensure that he would not flee, Shroder was sentenced to time served and immediately released from prison upon the judge’s finding that he was essentially convicted of a “civil offense.”


United States v. Oba (2007) Captain of M/V Sydney Mae II, a charter fishing boat that was returning from a fishing trip off the Oregon coast with four passengers aboard, pled guilty to violating the SMS. Although the captain was advised that the Coast Guard had established a restricted zone around the mouth of the Umpqua River and that he should not attempt to cross the hazardous bar, he approached the mouth of the river.The boat was struck by a large wave and three of the four passengers were killed.The


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