Roy Crook and Sons v. Allen

778 F.2d 1037 (1985)

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Roy Crook and Sons v. Allen

United States Court of Appeals for the Fifth Circuit
778 F.2d 1037 (1985)

Facts

Captain Newell Allen was employed aboard the Lady Patricia, a vessel owned by Roy Crook and Sons, Inc. (Crook) (defendant). The Lady Patricia was subject to a federal statute requiring adequately staffed crews. Congress passed the statute to protect human life generally, rather than specifically to protect only noncrew passengers. As applied to the Lady Patricia, the statute required a crew of at least four licensed seamen. Crook’s general practice was to have crews of only two seamen. While the Lady Patricia was operating with a crew of two, Allen drowned in an accident. The understaffing contributed to Allen’s death. Allen’s family (plaintiffs) sued under the Jones Act. The district court awarded damages but reduced them to account for Allen’s contributory negligence. The Allen family appealed.

Rule of Law

Issue

Holding and Reasoning (Randall, J.)

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