Captain can be sued for distress, says US federal court
A federal court has said that a fisherman who says he was terrified when his boat almost collided with a cargo ship can sue the ship's owners for emotional distress.
The San Francisco Chronicle reported on Wednesday that the 9th U. S. Circuit Court of Appeals reinstated a suit by fisherman Brian Stacy that had been dismissed by a federal judge. The appeal court concluded someone who is physically endangered and emotionally traumatized by negligent conduct at sea can sue for damages.
It has also been reported that Stacy was fishing for salmon north of San Francisco in July 2007 when his radar picked up the 291-foot freighter Eva Danielson on a collision course. Stacy sent a danger signal and said the ship came so close he could hear its engines and feel its wake.
After missing Stacy's boat, the Eva Danielson struck another salmon fishing boat and the body of its captain, Paul Wade, 55, was found in the water the following morning.
He needed psychiatric treatment after the incident. His suit alleges the freighter was operating at an unsafe speed without proper radar equipment, lookouts or signals, Stacy said.
According to the reports of the Chronicle, suits by someone who was physically uninjured but claims emotional harm caused by negligent conduct are governed by different standards in federal courts than in state courts. Federal courts decide cases of maritime and railroad workers; state courts handle everyday negligence cases. (With Inputs from Agencies)