In C.F. Bean, LLC v. Barhanovich, a case from the United States Court of Appeals for the Fifth Circuit, plaintiff was in a recreational fishing boat when his outboard engine hit a dredge pipe that was submerged in the water. When the outboard engine shaft hit the pipe, the bracket that secures the motor broke, and it flipped up at high rate of speed and hit plaintiff, who died in the accident.
Following his death, his family filed two cases. One was a personal injury lawsuit alleging wrongful death against operator of the dredging action with decedent’s estate as the named plaintiff. The second lawsuit was a claim filed under admiralty law, because the cause of action arose from an accident that occurred in navigable waters. These two cases were consolidated for the purpose of judicial efficiency. Continue reading