摘要: |
Reprinted by permission of "West Federal Case News," Copyright © 2203 West Publishing Company, 610 Opperman Drive, P.O. Box 64526, St. Paul, Minn. 55164-0526, telephone 612-687-7000. Queries should be directed to West Publishing Company. Each case is followed by the court and district number (such as CA. 1 for Court of Appeals District 1), the case number (No. 23-531, or the 531st case filed in 2023) and the date the case was decided. A decedent did not exercise heightened care by maintaining proper lookout, as required under regulation by parties traveling at night along a watercourse where there were hazards that abutted the outer boundaries of the navigation channel, and therefore his negligence was the superseding cause of the allision, for purpose of application of comparative negligence in an action brought by the mariner's widow, individually and as personal representative of the mariner's estate, against the United States to recover for his pain and suffering prior to his death from his vessel's allision with a contraction dike on the Cooper River in North Charleston, S.C., although one of four navigational lights associated with the dike was not lit.-Barnett v. United States (D.S.C.), No. 2:20-cv-02517-DCN, January 10, 2023, Norton, J., 2023 WL 142441. |