In the Matter of the Complaint of Antill Pipeline Construction Co., Inc

[B]Date Decided[/B]: Feb 15[SUP]th[/SUP], 2011
[B]Decided By[/B]: Louisiana Eastern District Court (Federal)
[B]Court[/B]: United States District Court for the Eastern District of Louisiana
[B]Citation[/B]: 2011 WL 601656
This case arose out of an allision between a smallwatercraft and a barge moored in Falgout Canal, Louisiana. The crash resultedin the death of five people whose representatives brought suit against theowner of the barge, Antill Pipeline Construction Co. (“Antill”) under general maritime law. Antill then fileda complaint for indemnification against a third-party defendant, Tarpon RentalsInc. (“Tarpon”). Antill alleged the small watercraft was negligently operatedby Tarpon employees acting within the scope of theiremployment.
Tarpon then counterclaimed against Antill under general maritime law. Tarpon alleged Antillwas negligent, and sought indemnity for any tort claims filed against it.Tarpon also claimed economic losses to its business from the death of avaluable employee and damages for the wrongful death of that employee.
Before the Court is Antill’s Motion to Dismiss Counterclaim.Therein, they argue Tarpon’s theory of tort indemnity does not apply to thiscase, and that it is not entitled to recover economic losses for harm to itsbusiness or damages for wrongful death.
The Court has jurisdiction over Tarpon’s tort claims subjectto federal admiralty jurisdiction, [I]28U.S.C 1333.[/I]
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